WHAT WE DO
Lender liability cases arise when financial institutions breach their duties, engage in deceptive practices, or violate federal and state lending regulations. These cases often involve complex financial transactions, regulatory compliance issues, and substantial damages that can threaten business viability or personal financial security.
At The Pettit Law Firm, we understand that taking on banks and lending institutions requires specialized knowledge, substantial resources, and unwavering commitment to trial preparation. Our experience with complex commercial litigation and our willingness to fight major financial institutions sets us apart in this challenging area of law.
Contact UsCommon Lender Liability Claims We Handle:
- Breach of loan commitments and agreements
- Wrongful foreclosure and power of sale abuse
- Fraudulent lending practices and misrepresentation
- Violations of the Truth in Lending Act (TILA)
- Real Estate Settlement Procedures Act (RESPA) violations
- Fair Credit Reporting Act (FCRA) violations
- Fair Debt Collection Practices Act (FDCPA) violations
- Dodd-Frank mortgage servicing regulation violations
- Unfair and deceptive acts and practices
- Texas Constitution home equity violations
- Breach of fiduciary duty claims
- Wrongful acceleration and default declarations
- Servicing errors and payment misapplication
REPRESENTATIVE EXPERIENCES
Obtained $4.2 million fraud and breach of fiduciary duty judgment against LegacyTexas Bank – Landmark victory demonstrating our ability to successfully prosecute major financial institutions
Secured jury verdict with $500,000 in punitive damages against reverse mortgage lender – Demonstrates our expertise in mortgage lending violations and ability to obtain punitive damage awards
Achieved favorable settlement during jury deliberations in lender liability case – Successfully resolved complex dispute involving lender’s failure to properly maintain escrow account and wrongful foreclosure initiation, securing significant recovery for client while jury was deliberating
Achieved favorable settlement in complex lender liability case – Successfully resolved dispute involving lender’s improper escrow account management, forced-place insurance violations, and wrongful foreclosure proceedings, securing significant recovery for homeowner client
Extensive experience representing homeowners against lenders and mortgage servicers in residential mortgage disputes involving Dodd-Frank, RESPA, TILA, FCRA, FDCPA, and Texas constitutional violations
Successfully pursued claims involving lending and servicing errors across a wide range of loan types and regulatory violations
Proven track record in complex financial litigation against major banks and mortgage companies throughout Texas
Expert handling of wrongful foreclosure cases securing injunctive relief and substantial damage awards for clients
Federal and State Regulatory Violations: We have extensive experience pursuing claims under federal lending regulations including TILA, RESPA, FCRA, and FDCPA, as well as Texas state laws governing lending practices. Our knowledge of these complex regulatory frameworks allows us to identify violations that other attorneys might miss.
Mortgage Servicing Disputes: We represent homeowners and commercial property owners against mortgage servicers in disputes involving payment processing errors, escrow account mismanagement, force-placed insurance issues, and failure to comply with loss mitigation requirements.
Commercial Lending Disputes: Our commercial clients benefit from our understanding of complex business lending relationships, including construction loans, lines of credit, and commercial mortgages.
Damages We Pursue: Lender liability cases can result in substantial damages including actual financial losses, consequential damages, punitive damages, and attorneys’ fees. We work to quantify all available damages and pursue maximum recovery for our clients.
Our approach to lender liability cases involves thorough investigation, expert witness testimony, and strategic discovery to uncover lender misconduct. We’re prepared to take these cases to trial.
FAQs
Lender liability occurs when banks or other financial institutions breach their legal duties to borrowers, violate lending regulations, or engage in unfair practices. It can apply in commercial and residential lending contexts when lenders cause financial harm through wrongful conduct.
Common violations include failure to provide required disclosures, improper servicing practices, credit reporting errors, and unfair debt collection. We can review your loan documents and servicing history to identify potential violations.
Yes, Texas law provides remedies for wrongful foreclosures including damages and in some cases, setting aside the foreclosure sale. Success depends on proving procedural violations or lender misconduct in the foreclosure process.
Damages may include actual financial losses, lost profits, diminished property value, credit damage, emotional distress, punitive damages, and attorneys’ fees. Some federal statutes provide for statutory damages and mandatory attorneys’ fee awards.
No, lender liability claims can arise regardless of whether you’re current on your loan. Many claims involve lender misconduct that occurs during the origination, servicing, or modification process.
Potentially yes, through temporary restraining orders or preliminary injunctions if we can show likelihood of success and irreparable harm. We can also pursue claims for damages after foreclosure in appropriate cases.
Preserve all documentation including loan documents, correspondence, payment records, and notices. Contact an experienced lender liability attorney immediately to discuss your rights and potential claims before deadlines expire or evidence is lost.
Contact Us
Want to talk about your case?
Email jpettit@pettitfirm.com
Or contact us at:
The Pettit Law Firm
1900 Pearl, Suite 1740
Dallas, TX 75201
Phone: 214.329.0151
Fax: 214.329.4076