Litigation: Mainly Plaintiffs

Cappello | Noël has recovered more than $500 million in loan discounts, debt restructurings, settlements, and judgments for borrowers facing disputes with banks, mortgage lenders, CMBS servicers, private lenders, hard-money lenders, and other financial institutions. We are frequently retained when borrowers need experienced lender liability attorneys willing to take positions adverse to major financial institutions.

Results include:

--Resolution of disputes involving approximately $400 million in commercial loans.

--Negotiation of multimillion-dollar loan discounts and restructurings involving more than $169 million in development financing.

--Successful workouts, restructurings, discounted payoffs, and settlements involving commercial loans ranging from $15 million to more than $70 million.

We represent borrowers in disputes involving:

Wrongful foreclosure

Commercial loan disputes

Lender liability claims

Bad-faith lending practices

Breach of loan agreements

Construction loan disputes

CMBS loan servicing disputes

Loan workout and restructuring negotiations

Fraud and misrepresentation by lenders

Improper collateral disposition

Business loan defaults and enforcement actions

Real estate finance litigation

Banking and financial institution disputes

Our attorneys regularly negotiate loan modifications, discounted payoffs, forbearance agreements, and complex workouts designed to preserve businesses, development projects, and enterprise value.