Banking Litigation

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The Behar Law Firm, P.A. represents national and local banks‚ and institutional commercial lenders in protecting their interests throughout Florida. Our banking litigation experience consists of all aspects related to the default of real estate secured loans‚ including construction loans and loans secured by income- producing property. Further‚ we have considerable knowledge in the foreclosure of aircraft and yachts as well as in litigating asset-based loans including receivables‚ inventory‚ and equipment. In addition to representing large institutional lenders‚ our firm also represents a number of wealthy private lenders navigating though the complex regulatory framework of consumer and business purpose loans including HOEPA and TILA disclosures. Our experienced and innovative banking law attorneys have years of experience in not only litigating complex commercial foreclosure actions‚ but also pursuing deficiency judgments through collection.
Our approach to foreclosure litigation is to move swiftly‚ typically within 48 hours‚ by filing a verified complaint‚ and then seeking and obtaining immediate restraints including the appointment of a receiver to seize control of an asset and to market the asset for sale. These steps have also resulted in immediate monthly cash flow for the lender where there is an income-producing property. When necessary‚ our firm works with the appropriate federal‚ state and local law enforcement and regulatory agencies‚ as well as forensic accountants and fraud specialists to prepare and protect our client’s security interests.
With the dramatic changes in the banking landscape illustrated by the record volume of foreclosures‚ there has been an explosive growth in the number of lender liability claims filed by borrowers/guarantors against lenders. Our attorneys are prepared to not only help their lender clients reduce their exposure to such claims but also to determine the best course of action to take when faced with potential litigation. To that end‚ The Behar Law Firm, P.A. has litigated various lender liability claims including breach of contract‚ predatory lending‚ breach of fiduciary duty‚ fraud‚ duress and negligence. Further‚ when it is in the best interest of our clients‚ our attorneys work towards achieving a resolution through means other than litigation‚ such as mediation‚ arbitration‚ and settlement conferences.
Banking Litigation Experience:
Breach of fiduciary duty
Depository agreement litigation
Commercial and Residential foreclosures
Foreclosure of partially constructed developments
Loan workouts
Banking defense litigation
TILA‚ HOEPA‚ usury claims
Breach of contract

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