Cappello & Noël is known for its ability to investigate and prosecute lending institution misconduct and fraud, and has successfully battled some of the largest financial institutions in the country by winning multimillion-dollar jury verdicts and out of court settlements for its clients. The firm represents individuals and businesses that have been injured or destroyed by their lender. The firm also uses its lender liability expertise to successfully negotiate workout agreements between borrowers and lenders that often result in restructuring borrower debt payments and loan terms.

Settlement: $3.2 million plaintiff settlement including $2.7 million in cash and $500,000 in personal loan forgiveness.
Settlement: $7.5 million lender liability settlement involving a dispute over a hotel foreclosure.
Verdict: $7.6 million lender liability verdict against a mortgage loan broker and its affiliated lender.
Verdict: $4.5 million jury verdict on behalf of a food processing company.
Settlement: $11.5 million settlement in a lender liability matter involving wrongful foreclosure of an office tower.
Verdict: $70.8 million award to an aircraft manufacturer in a complex lender liability dispute.
Verdict: $7.5 million verdict in which a public company sued its lender over conversion of the borrower’s property.

Managing partner A. Barry Cappello wrote the first treatise on the subject, Lender Liability, now in its fifth edition. The fifth edition has been completely updated and reflects evolution and maturity of lender liability as an accepted, cited and well-litigated area of commercial and consumer litigation. As a body of law, it has evolved from traditional contract and tort theories, to include causes of action based in the Uniform Commercial Code; including the covenant of good faith and fair dealing.

A handy reference work, Lender Liability is ideal for either the experienced practitioner or the neophyte involved in representing an institution or client whose interests involve bank liability.