Financial Services Litigation
Kraemer Burns' attorneys have a long history of representing banks and other providers of financial services in litigation. Representative engagements include:
- Lender liability claims, including representation of a lender for damages arising from the lender's refusal to fund a $20,000,000 construction loan; the case was ultimately tried as an adversary proceeding in bankruptcy court;
- Representation of a warehouse lender to collect funds due from a mortgage lender;
- Representation of an asset based lender which had provided funds to a retail mortgage lender, against claims, including a civil RICO claim, resulting in a summary judgment in favor of the client;
- Representation of a bank in several litigations involving checks and Articles 3 and 4 of the Uniform Commercial Code, and Regulation CC;
- Representation of a bank in a dispute involving federal preemption under the National Bank Act; a summary judgment was obtained in favor of the bank;
- Representation of a bank in connection with claims by a title insurer, including claims arising out of the Uniform Fiduciary Act, arising from thefts in excess of $1,000,000 by an attorney from his attorney trust account;
- Representation of a bank in litigation involving the Electronic Fund Transfer Act and Regulation E;
- Representation of a mortgage wholesaler on warranty and negligence claims against a mortgage banker, mortgage originator, and appraisers; a summary judgment, including substantial attorneys fees, was obtained in favor of the mortgage wholesaler against the mortgage banker.
