Munsch Hardt

Financial Institution Litigation

Munsch Hardt routinely represents financial institutions of all sizes in various forms of disputes. The firm's Financial Institute Litigation group has a broad spectrum of experience ranging from garnishments to usury to mortgage backed securities.

Representative Deals & Suits
  • Representation of banks in numerous sequestration, garnishment and other prejudgment relief efforts to secure and protect collateral.
  • Representation of a finance company for the return of an airplane or payment of the balance owed, totaling $795,000 plus interest and attorney fees, from the owner or broker and a counterclaim by the owner for defamation in which he claimed millions.
  • Representation of banks in commercial and consumer note collection actions.
  • Representation of banks in real estate owned litigation, adverse possession, breach of development agreements and violations of restrictive covenants.
  • Representation of banks in construction disputes alleging the bank failed to properly monitor the construction of commercial and residential property.
  • Representation of banks in negotiable instrument litigation resulting from forgery, conversion and/or alteration.
  • Representation of a large commercial mortgage-backed securities (CMBS) firm in litigation against several national investment banks.
  • Representation of financial institutions in counseling them on effective procedures to prevent liability claims by borrowers before they occur and seek immediate and cost-effective settlement solutions.
  • Representation of financial institutions in aggressive, effective commercial loan recovery.
  • Representation of litigants and financial institutions in will contest and trust dispute matters.
  • Representation of many of the largest regional and national regulated and non-regulated financial institutions in defending claims made for usury, negligence, wrongful foreclosure and other lender liability litigation.
  • Representation of a commercial real estate finance and investment management company in its capacity as a special servicer regarding the defaulted indebtedness of a Las Colinas, Texas based luxury hotel and resort. Munsch Hardt was instrumental in having a receiver appointed over the property, which thwarted the borrower's opposition to foreclosure by the lender and resulted in facilitating a quick resolution resulting in transfer of the property. The defaulted indebtedness totaled in excess of $214 million and the resolution of this matter required substantial negotiations between the special servicer, borrower, mezzanine debt holder and the hotel franchisor.