Litigation: Mainly Plaintiffs

Cappello | Noël represents clients in their significant litigations, and has a particular expertise in lender liability, having authored Lender Liability, 5^th Edition, Juris Publishing, the leading treatise.

Commercial borrowers, including developers, real estate investors, and entrepreneurs retain Cappello | Noël when conflicts prevent their national counsel from challenging major financial institutions and when they need counsel with proven experience trying lender liability and commercial finance disputes. Combining sophisticated practice-area expertise with significant trial victories, the firm creates the leverage necessary to achieve favorable business resolutions while remaining prepared to take cases through trial and appeal. Through this approach, the firm has obtained more than one billion dollars in judgments, loan discounts, debt restructurings, and settlements against banks, mortgage lenders, CMBS servicers, private lenders, hard-money lenders, and other financial institutions.

We negotiate and litigate for borrowers in disputes involving developmental funding, including:

A $169 million complete refinance of northern California retail and apartment development

Commercial loan disputes, an example is a $3 million payment to wipe out a $39 million loan

Breach of loan agreements by lenders preventing performance by our clients

Fraud and misrepresentation by lenders such as absolving the borrower and all principal guarantors on a $40 million development loan.