Notable Banking Litigation Matters
- Suit on promissory notes, guarantee and foreclosure of personal property of multiple restaurant franchise locations in Iowa. Matter involved franchise, leasehold and indemnification issues. Negotiated and obtained forbearance agreements with three limited guarantors, thereby reducing the overall obligation by approximately $250k. Successfully litigated matter and garnered an approximate $335,000 judgment for client.
- Foreclosure and receiver action for 42-acre multi-building shopping mall complex. Matter involved the review of numerous bank documents, lease agreements and complex easement and joint tenant real estate documents. Successfully negotiated a settlement wherein the borrower surrendered possession of the real estate through a deed-in-lieu foreclosure.
- Four-year title opinion objection dispute involving 34-building, 141-unit condominium development. After a 4-day bench trial we not only prevailed on our request to reform the deed and clear title, but convinced the court that the Defendant’s actions in defending the quiet title action and bringing an interference claim were frivolous and used for an improper purpose. As a result, the court ordered all of our clients’ fees and expenses (in excess of $145,000) to be paid by Defendant. Defendant appealed the decision to the Court of Appeals of Iowa and the Appeals Court affirmed the quiet title decision. Further, the higher court found that the district court did not abuse its discretion in assessing sanctions and remanded back to the lower court to determine if the amount of the award is appropriate.
- Defended guarantor claims and brought counterclaims arising out of the foreclosure and sale of an Iowa hotel and conference center. Matter settled shortly before trial.
- Suit on promissory note and guarantees secured by approximately 20 acres of commercial real estate. Successfully obtained summary judgment for the client and negotiated and drafted a forbearance agreement resulting in the surrender and liquidation of the commercial real estate, and the borrowers and guarantors providing confessions of judgment ranging from $2MM to $2.6MM. As part of the negotiation of the forbearance agreement, our department negotiated and obtained the cooperation of a senior lienholder to the commercial real estate, resulting in the client improving its collateral position in the property.
