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Commercial Lending Enforcement, Insolvency and Litigation

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Miller Canfield's lender-focused practice is one of the premier practices of its type in the nation. Our experience and knowledge cover both the enforcement and defense of a broad range of distressed financial relationships, including secured and unsecured facilities, syndications and agented credits, credit enhancement and derivatives and cash management over an equally broad range of industries.

Our team's deep knowledge and vast litigation experience makes us extraordinarily capable of developing the most effective and efficient strategies to enforce our clients' rights in alignment with their business objectives. We are committed to unparalleled client service, finding the most efficient and cost-effective way to meet our clients' needs while maximizing recovery.

We regularly represent financial services clients in connection with enforcement actions, UCC foreclosures, forbearance arrangements, preference claim defense, debt sales and finance-related litigation, including the defense of class actions, lender liability, securities, broker/dealer and RICO claims.

We have resolved through agreement, arbitration or litigation a wide range of troubled lending facilities, including multi-state portfolios. We never lose sight of what typically matters most: maximizing our clients' efficient long-term recovery on the real estate.

Commercial Banking Proposed Class Action

Assisted with the successful defense of a large commercial banking operation in a proposed class action filed in federal court in Detroit, Michigan, alleging numerous breaches of the Federal Truth In Lending Act, and The Real Estate Settlement Procedures Act. The summary judgment of this action at the district court level was largely affirmed on appeal by the U.S. 6th Circuit Court of Appeals.

Financial Institution Litigation and Trial

  • Successful defense of lender liability cases by summary judgment and jury verdict and through appeal
  • As trial counsel, successfully defended a national financial institution's interest in real property in case that involved complex and novel issues of priority under mechanics’ lien statute

Guarantor Lawsuits

  • Represented a national lender in connection with the collection of a $2.5 million judgment against multiple guarantors
  • Successfully prosecuted a $12.5 million guaranty lawsuit as well as a lawsuit against the property management company for collecting subordinate management fees

Post-Judgment, Collection Matters and Pursuit of Fraudulent Transfers

Represented a national lender in connection with all aspects of the collection of a $9.5 million judgment, including the pursuit of fraudulent transfer claims, at all stages, including in the state circuit court, Michigan Court of Appeals and Michigan Supreme Court

Hotel Construction Defects Litigation

Represented the owners of a high-rise hotel, which closed for two years after it was originally occupied, requiring complete reconstruction because of defective exterior wall panels and internal HVAC design defects. It is reported to have been the largest lawsuit in the history of that county. The initial mediation took a full week resulting in a settlement with 29 of the 32 defendants, recovering well into eight figures for the client.

Municipal Construction Litigation

Represented a large city with regard to an expansion to its drinking water facility. The city was sued by a contractor for $3 million in damages for delay of the project. We defended the claim and counter-sued for damages with respect to poor workmanship. Utilizing high-technology CAD drawing demonstrations, which were regarded as highly persuasive and effective, we obtained a favorable settlement for the city of $6.2 million and no payment to the contractor.