Structured Finance and Lending Litigation

Carter Arnett attorneys have represented lenders, securitization trustees and loan servicers in litigation arising out of both direct lending and structured finance transactions. Through their in-depth understanding of asset-backed securities structures, Carter Arnett attorneys have assisted ABS participants as both plaintiffs and defendants to protect the economic security of their institutions, value of their loan pools, and issued certificates.

Our attorneys’ representative experience in the area of structured finance and lending include:

  • Won a bench trial representing a loan servicer in a suit by a borrower challenging force-placement of terrorism insurance as a component of “all-risk” insurance under the loan documents. The the borrower unsuccessfully challenged the validity of loan assignments into asset pool because they were signed “in blank”, and we defeated numerous other challenges to the ABS structure as a whole.
  • Won summary judgment dismissing all claims before trial in breach of fiduciary duty claims brought by a CMBS certificate-holder against securitization trustee, alleging failure to adhere to enumerated duties under the pooling and servicing agreement
  • Successfully resolved a dispute in favor of a lender seeking to enforce a loan guaranty where foreclosure of the property securing the loan left a deficiency, after prevailing on motions to enforce the jury trial waiver and obtaining summary judgment dismissing four of five counterclaims