Lending and Finance Disputes

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LENDER LIABILITY AND FINANCING DISPUTES

Modern lending and security practices can create substantial disputes where large dollars and critical assets are endangered.  Our attorneys are skilled at assessing and addressing disputes that arise in loan and other financing relationships.

Despite requirements that lenders make the credit terms and costs clear up front, lenders sometimes fail to warn borrowers how interest rate calculations really work, or about hidden fees and charges that will make borrowing much more expensive.  When economic setbacks strain the borrower’s ability to repay, lenders might cut corners on the notice they are required to give the borrower.  Sometimes lenders prevent the borrower from knowing their rights to reinstate or modify the loan.

If a business or consumer is wrongfully declared in default on a loan, the impact on their credit history and their ability to find other lenders is severe.  Such defamation of credit is a serious problem requiring quick action to repair the borrower’s reputation.

The attorneys at Richards & Moskowitz have the experience to spot lender violations of statutory and contractual rights.  We will take the proactive steps needed to force compliance and try and repair the lending relationship.  Also, if our clients have suffered as a result of lender wrongdoing, we can help them recover damages.

FIDUCIARY DUTY DISPUTES

The law imposes special duties on certain people or entities whose jobs or responsibilities require them to put the interests of others ahead of their own.  These are known as “fiduciary” duties, and they are most often associated with trustees, corporate directors, partners, investment advisers, and certain professionals.  A person vested with a “fiduciary duty” must meet certain standards of behavior.  For instance, a corporate director may be required to disclose any interest he or she has in a sale of property to the company, or a trustee may be restricted to investing money under their care in only specific, relatively safe investment options.

Any time a fiduciary breaches those duties, he or she can be liable for any damages that result from failure to follow the applicable rules.  Our attorneys can rapidly assess if a fiduciary duty exists, and if it has been violated.  And, we understand the approaches that may most efficiently prevent further harm, replace untrustworthy fiduciaries, and recover damages for harms they have caused.