Asserting California Strength to Lenders’ Toughest Lawsuits Nationwide

Financial-based litigation often entails the most intractable legal problems. To solve these high-risk challenges, Archer Norris attorneys think strategically, aggressively and cost effectively. In the process we deliver clarity on complex issues as we protect our institutional clients from uncertainty and adverse outcomes.

Archer Norris litigators represent institutional lenders and others in the financial services sector. Our successes include lawsuits involving RESPA class actions, wrongful foreclosures, failure to disclose, homeowner neglect and other tort, contract, business and consumer claims.

Focused on Protecting Creditors

Archer Norris’s creditors' protection team is a specialized, issue-focused group of attorneys experienced in resolving the most pressing conflicts challenging California financial institutions and national banks.

Fraud, breach of fiduciary duty, partnership disputes, director and officer liability, and security interests are among the complex case issues we regularly resolve in state and federal district court. Our creditors’ litigation experience includes defending:

• Class actions
• Fair Credit Reporting Act
• Fair Debt Collections Practices Act
• Foreclosures/wrongful foreclosure
• Lending tort and contract issues
• REO issues
• RESPA
• TILA
• Usury 

Providing Practical Bankruptcy Counsel

In bankruptcy related issues, our financial litigation experience includes:

• Adversary proceedings
• Claims and claims litigation
• Creditors’ committee representation
• Relief from Stay
• Special issues of liability of board members during insolvency
• 341 hearings - First meetings of creditors
• Trustee representation

Working at the focal points of the state’s commercial and financial centers, we use on-the-ground knowledge to resolve disputes creatively and in a timely manner. Our in-depth understanding of applicable laws, policies, and procedures, and their implications in a local context, add practicality to the fresh perspectives Archer Norris provides the financial services industry.

Creditors’ Protection

• Wrongful Foreclosure, Lending Tort, TILA and RESPA Litigation - Have defended many dozens of lawsuits brought by borrowers with tens of millions in loan balances without losing a single trial or summary adjudication. Most cases result in favorable trial court rulings for our lender clients with a mix of very favorable settlements.
• Class Action Defense - Have successfully addressed proposed class actions on California and federal statutory and common law grounds in numerous jurisdictions. Class certification motions have been defeated. Occasionally, stipulated class certifications in conjunction with settlements have been used to advance client interests.
• Defense of Impound Accounts - Negotiated nominal settlement in action for wrongful imposition of impound account which resulted in damage award of almost $1 million against non-settling co-defendant.

Lending Tort and Contract Issues

• Diminution of Security - Represented lender in action to recover for diminution of security arising out of mass suicide by “Heaven’s Gate” cult. Handling judicial foreclosure actions against solvent borrowers in “strategic default” situations.
• Insurance Claims - Recovered millions of dollars for lender clients from title insurers through negotiations and, where necessary, litigation. Obtained insurance coverage for homeowner neglect under the standard Lenders Loss Payable Endorsement (Form 438 BFU) and for pre-foreclosure property damage. 

Fast Facts

• Archer Norris has been named one of the Best Places to Work in the Bay Area by the San Francisco Business Times.
• More than 90 attorneys in four California offices.
• Leading California law firm with a focus on complex litigation and business transactions.