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Lender Liability & Loan Workouts

Lender Liability and Loan Workouts

Financial institutions exercise unfettered discretion in the loan documents they write. Because most commercial law firms represent banks, they are conflicted from representing borrowers or will not take a case against a bank for fear of offending their clients. This situation makes it difficult for borrowers and guarantors to assert their legal rights when a financial institution has treated them unfairly.

The attorneys at Wilson & Helms are unique because they have extensive commercial litigation experience and are available to hold financial institutions accountable when they breach their contracts or fiduciary duties, commit unfair lending practices, or abuse their unfettered discretion.

Wilson & Helms has helped borrowers negotiate better terms for existing loans, defended against collection lawsuits, sued banks for failing to provide promised financing, and sued banks for abusing their discretion in bad faith. Wilson & Helms has also defended guarantors and assisted clients with avoiding foreclosure and other litigation.

The lender liability cases that Wilson & Helms handles take a variety of forms, but typical examples include when a financial institution:

  • Fails to honor a loan commitment;
  • Wrongfully interferes with a borrower’s day-to-day activities;
  • Wrongfully fails to renew a loan;
  • Improperly declares a default;
  • Improperly enforces a guaranty;
  • Improperly forecloses a mortgage or security agreement; or
  • Breaches a fiduciary duty.

Wilson & Helms makes sure that financial institutions are held accountable for these and other wrongs. If you have been unfairly treated by a financial institution, call our firm. We do not represent banks, but only sue them when necessary to protect borrowers' rights.

Contact Wilson & Helms for Exceptional Legal Representation

Wilson & Helms LLP is conveniently located in Winston-Salem. Call today at 336.631.8866 or contact us online to schedule a consultation.

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