Lender Liability
Fishman Haygood’s lawyers are known for their “financial misconduct prowess both within the firm and throughout the region… representing clients in single plaintiff and class actions against financial institutions.” – Benchmark Litigation (2023)
Fishman Haygood represents borrowers and other financial counterparties in litigation against financial institutions.
Our team has secured millions of dollars in judgments for borrowers. We have also leveraged litigation to negotiate workout arrangements and out-of-court settlement to restructure borrowing payments, loan terms, or swap terms.
Representative Experience
Recent:
- Currently represent a commercial real estate developer in a dispute with a lender over a $8 million 1031 exchange, obtaining a reversal on appeal of a ruling in favor of the lender under the Louisiana Credit Agreement Statute.
- Reached a nationwide settlement with Navient Solutions, LLC and Navient Credit Finance Corporation (“Navient”) that will result in approximately $236 million in debt relief for private student loan borrowers, as well as $44 million in cash compensation. As stated in the class action lawsuit, Navient and its agents refused to recognize the discharges of these private student loans that were (a) to attend non-Title IV schools and programs or (b) made in excess of the cost of attendance, and then continued to collect on the loans even after borrowers obtained bankruptcy discharges.
Noteworthy:
- Representation of a real estate developer in a dispute over a $40 million swap agreement and financing to develop a hotel in Baton Rouge, La.
- Representation of a real estate developer in a dispute over a $26 million financing to fund development of a dockominium in Fort Lauderdale, Fla., resulting in a $7.3 million judgment following trial.
- Representation of a real estate developer in a dispute over a $32 million HUD-insured financing to construct an apartment complex in Baton Rouge, La.
- Representation of municipalities, municipal corporations, and non-profit hospitals in FINRA arbitrations and litigations arising from failed bond and swap structures.
