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Zarwin Baum Scores Victory for Bank Client, Obtaining Multi-million Dollar Judgment Against Borrowers and Guarantors and Defeating Multiple Lender Liability Claims

August 8, 2014

Tony Twardowski recently secured a multi-million dollar federal court judgment on behalf of one of the Firm’s banking clients against a co-borrower and two guarantors of a commercial mortgage loan, concluding nearly four years of hard fought litigation.  The case began as a fairly routine collection/foreclosure action but soon escalated when the debtors and guarantors asserted defenses and affirmative claims for relief ranging from fraud and conversion to defamation, invasion of privacy and interference with contractual relations.  Tony first challenged the lender liability claims as plead, successfully obtaining the early dismissal of all but three of the eleven claims asserted.  The case then proceeded to discovery, during which Tony developed a factual record that convinced the Court years later that the remaining three affirmative claims were equally without merit.  Judgment was accordingly entered in the bank’s favor with respect to all claims asserted against it.  The bank’s affirmative claims, of course, still remained.  As to those, Tony initially focused on the corporate debtor and later addressed the liability of the individual co-borrower and guarantors who had raised a number of specific defenses applicable only to them.  The Court had little trouble disposing of the bank’s claim against the borrower, entering judgment in the bank’s favor for the full amount sought.  As for the bank’s remaining claims, the Court entertained substantial briefing and held a number of hearings, but in the end, agreed with Tony’s arguments in all respects and accordingly entered judgment in the bank’s favor on these claims as well.                 

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