Case Studies

Banking & Finance

  • Mediated claim between a borrower and lender alleging violation of Homeowner’s Bill of Rights and wrongful foreclosure.
  • Mediated matter where plaintiff home borrower sued mortgage loan servicer for wrongful foreclosure and violation of homeowner bill of rights statute. Plaintiff application for a loan modification was still pending when the loan was foreclosed and sold at a trustee sale. Plaintiff sought damages for loss of equity in the home, lost wages and emotional distress.
  • Mediated matter where an owner of an insolvent bus company borrowed funds from defendant on a business line of credit secured by a third position deed of trust on his home. When a senior lender asserted a default, defendant asserted a default to protect its interest, whereupon owner filed for an injunction based on alleged wrongful foreclosure. The parties agreed to a workout extending a grace period and setting forth a repayment plan.
  • Mediated a wrongful foreclosure action where former homeowner alleged fraud, negligence, violation of foreclosure statute, unfair business practices, quiet title and cancellation of recorded instrument against loan servicing company.
  • Mediated action by homeowner against second position lender for failure to make payments on the loan, with borrower alleging lender failed to send monthly statements and default notices.
  • Handled a matter involving an SEC receiver and eight foreign banks and the cash custodian for a private equity fund which raised over $1 billion through a series of debt offerings through offshore special purpose entities, then looted the funds through multiple means. The matter was resolved with a high eight figure settlement.
  • Handled a matter involving 11 broker-dealers in a national class action seeking to compel the payment of interest on free credit balances and to enjoin account transfer practices that have been approved by the SEC, alleging that class damages exceeded $1 billion.
  • Handled a matter arising from the operation of a commercial loan underwriting, servicing and funding company involved in a Ponzi scheme fraud in the magnitude of hundreds of millions of dollars, related to piercing a sham trust and recover million in damages from several co-conspirators involved in real estate projects, including claims of breach of fiduciary duty, fraud, negligent misrepresentation, conversion and conspiracy.
  • Handled a matter involving a customer of a securities broker that was involved in a $50 million charitable gift annuity fraud scheme. A promoter transferred donated stocks and bonds into a brokerage account to liquidate them and rapidly transfer the funds out to other financial institutions. The promoter told the victims that the broker was managing their money, when it was not.
  • Handled related matters involving two broker-dealers, officers and directors, investors and a law firm arising from asset-backed promissory notes related to pools of ATMs that were to have been placed in bankruptcy proof special purpose entities, generating streams of income from swipe fees to pay the debt, which were eventually looted causing $30 million in losses.
  • Handled a matter where a mezzanine lender brought a real estate finance enforcement action against a real estate land developer and its managing members for breach of contract on loans and guaranties, as well as tort claims, and the developers counterclaimed alleging lender liability and oral agreements extending and modifying the loans.
  • Handled related matters in which a money transmitter was alleged to have engaged in aiding and abetting money laundering relating to cross border money transfers between persons in the U.S. and persons in several states in northern Mexico.
  • Handled a matter involving a large investor alleging securities fraud and negligent misrepresentation by a Los Angeles Koreatown bank and its officers and directors relating to alleged misleading financial statements and financial disclosures.
  • Handled a matter where national brokerage firm serving as a clearing broker brought an action against the founders of a failed local brokerage and one of its customers, alleging that the local firm had breached its contractual responsibilities and that its officers and directors had been negligent in failing to conduct financial due diligence on a margin account customer.
  • Handled a matter where investors alleged fraud and racketeering against a savings and loan association relating to alleged loan origination fraud involving securitized mobile home loans.
  • Handled a matter involving a securities broker which had promoted an Irish pharmaceutical company to its customers which suffered a major drop in stock price when several clinical trials produced unfavorable results.
  • Handled a matter between a brokerage house and a customer and her financial adviser involving trading by the financial adviser in stock index options with the customer alleging churning and unsuitable investments and seeking $5 million in damages.
  • Handled a matter related to a securities fraud and bank fraud scheme perpetrated by the chief executive of a federally-insured credit union.

Scheduling Inquiries

For scheduling inquiries, please call (650) 351-2321 or complete the contact form on this page. Frank Burke conducts mediations and arbitrations in San Francisco, Oakland, Silicon Valley, and throughout California.

Call (650) 351-2321

Complete This Form


201 Spear Street, Suite 1100
San Francisco, CA 94105

© Frank Burke Mediation and Arbitration P.C.
Attorney Advertising. Prior results do not guarantee a similar outcome.

Website by Dan Gilroy Design

(650) 351-2321