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Commercial Mortgage Backed Securities (CMBS) loans

 

Commercial Mortgage Backed Securities (CMBS) loans

 Our case minimum is $5 million

Many Commercial Mortgage Backed Securities (CMBS) loans are set to mature over the next year. Although the underlying properties are generating more than enough cash flow to meet all loan, tax and reserve payments, these loans are still in imminent danger of default.

Workout & Modifications

If a lender agrees to a standstill or forbearance agreement, courts will require the bank to negotiate subsequent workouts in good faith or other duty to act in a commercially reasonable manner depending on the jurisdiction of the court. 

If loan servicers attempt to acquire secured assets for their own portfolio. These efforts may cause the servicer to breach its duty to the lender and can also affect the borrower’s rights.

This means that banks must sit down with borrowers and have meaningful workout discussions. If they don't, then call us to learn your rights.

Litigation 

Sometimes attempts to workout issues on CMBS loans just aren’t successful. Aggressive special servicers' interest is often seeing a loan staying in special servicing, especially, if you have equity in the project.

In most states, special servicers have a fiduciary duty to the bondholders, not the borrower. Even though they do not have the right to do whatever what they want. They will do so, however, unless the borrower has strong counsel that knows how to fight back successfully.

Special servicers do have a duty of fair dealing and good faith.

We stand ready to step in and defend borrowers. More importantly, we are often able to turn the tables and place the servicer on the defense. 

THEORY OF LIABILITY

Lender liability claims and counterclaims arise when a financial institution or fiduciary violates a duty of good faith or fair dealing to its customer / borrower or has assumed such a degree of control over the borrower that it assumes a fiduciary duty. 

We Help Businesses That Are Victims Of:

  • Wrongful failure to honor a loan commitment;  

  • Wrongful failure to renew a loan;    

  • Deliberately creating a technical default or wrongfully declaring a default in order to generate fees and penalties or to acquire the property;   

  • Improperly foreclosing a mortgage or a security agreement without giving proper notice or following proper legal procedures;    

  • Wrongful interference with a borrower’s day-to-day activities or the borrower’s contractual relations with third parties;    

  • Breaching a fiduciary duty that the lender may have assumed with respect to the borrower.   

 

Call our experienced lender liability attorneys.

Free Consultations, no obligation, and confidential attorney- client privilege applies.  (305) 450-8009

 

OUR ATTORNEYS

Sara Saba, Esq.
FOUNDER

Nicholas Guiliano, Esq.

OF COUNSEL 

 

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Email:  sara@lawofficeofsarajsaba.com
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.