Lender Liability: Avoiding Claims and Other Risks in 2017 and Beyond

Natan Hamerman is an experienced litigator and trial lawyer who represents financial institutions and developers in a comprehensive range of real estate and bankruptcy disputes.

Mr. Hamerman recently represented hard-money lender Gamma Real Estate and certain of its affiliates in a trial in Bankruptcy Court in which Gamma successfully defended itself against a host of lender liability-style claims, and was able to enforce its $147 million loan agreement.  The case was tried to conclusion within four months of its filing. 

Mr. Hamerman directly advises lenders’ in-house counsel and business personnel on strategy and implementation of comprehensive plans to maximize recovery of troubled real estate loans. 

He litigates foreclosure actions, and actions to enforce guarantees, pledge agreements and other security instruments. 

He advises clients involved in acquisitions of distressed loans in so-called “loan-to-own” situations. 

Mr. North focuses his practice in litigation, with an emphasis on trial practice. He has tried jury and non-jury cases in state and federal courts, including over 75 jury cases to verdict. He is certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Mr. North’s practice concentrates in commercial and banking litigation, particularly in matters involving negotiable instruments and financial fraud. Mr. North has represented banks in class actions alleging claims under New Jersey and federal consumer legislation. A significant portion of Mr. North’s practice is devoted to the defense of catastrophic injury and other high exposure cases in the areas of negligence, public entity liability, construction, and professional liability, including the defense of attorneys, accountants and insurance brokers. He also maintains a personal injury practice limited to the representation of plaintiffs in medical malpractice and other cases involving significant injuries and complex liability issues. Mr. North is the author of the evidence treatise A Trial Lawyer’s Strategic Guide to the New Jersey Rules of Evidence, and is the only New Jersey lawyer selected as a principal author of Business and Commercial Litigation in Federal Courts, contributing the chapter in the treatise devoted to Medical Malpractice.  

Dennis P. Rawlinson concentrates his practice on commercial and "Bet-the-Company" litigation.  He has handled more than 150 trials and arbitrations, including more than 50 trials to verdict on a wide range of commercial subjects, including lender liability claims.  Recent cases include the largest recovery in the 140-year history of the law firm plus corporate governance relief arising from two federal cases in the Western District of Oklahoma.  Denny has had multimillion-dollar recoveries in construction and design, good faith and fair dealing, fraud, and a number of other commercial cases.

Denny is a "Top List" Super Lawyer for Business Litigation for the state of Oregon, including being recognized on multiple occasions as one of Oregon's Top 10 Lawyers.  Denny has been recognized by a number of professional organizations for his commercial trial litigation skills.  Denny is a frequent writer and speaker on commercial trial topics.

Paul B. Kerlin is a Greenberg Traurig shareholder in the Houston office.  His areas of concentration include commercial and residential lender liability claims, breach of contract and false advertising and defamation.  He also represents clients in mass torts and products liability matters.  Paul has served as lead counsel for a national bank defending lender liability claims and prosecuting deficiency actions throughout Texas in federal and state court with a loan portfolio of over 900,000 mortgages.  Representative cases include defense of holder of notes for wrongful foreclosure, improperly obtained and unconscionable lender-placed insurance, breach of fiduciary duty claims against loan servicer and  violations of the Fair Credit Reporting Act (FCRA) 15 U.S.C. § 1681 et seq., claims premised on erroneous reporting by mortgage servicer.