Payne & Fears’ attorneys are experienced in defending financial institutions in a variety of disputes brought against them by individual and commercial borrowers. The complex rules that financial institutions must comply with when issuing loans or seeking foreclosure upon default provide opportunities for borrowers to make allegations of malfeasance. Our attorneys are skilled in litigating and defeating these claims in both state and federal courts. Some of our representative successes include:

  • Plaintiff investors alleged that Payne & Fears’ client, a large international broker-dealer, failed to properly supervise an employee who converted $1 million in investor funds. Following one week of trial, we successfully negotiated the voluntary dismissal of the claims against our client without any monetary contribution.
  • Payne & Fears obtained a dismissal with prejudice and judgment in Orange County Superior Court in favor of its client, a major national bank, in an alleged fraud and wrongful foreclosure case involving a commercial property. The plaintiff had alleged that the bank conspired with the other defendants to sell the property in a non-judicial foreclosure sale to deprive the plaintiff of the property. Payne & Fears demurred to the 21-count complaint and the demurrer was sustained on every count. When the plaintiff failed to file a timely amendment, Payne & Fears moved for dismissal with prejudice, which was granted by the court and judgment entered in favor of the bank. 

Our attorneys routinely counsel clients on the following legal issues:

Representative Current or Previous Financial Institutions Clients:

  • HGGC
  • Tri-Pacific Capital Advisors
  • Union Bank
  • US Bank
  • Zions First National Bank

Industry Experience