Our Practices

Banking and Finance Litigation

Sills Cummis & Gross is a recognized leader in New Jersey and New York in representing the financial services industry. For more than four decades, the Firm has represented, and continues to represent, international and prominent national banks and their subsidiaries, commercial finance companies, debt and equity funds, and private lenders. In 2017 and again in 2018, we received the Corporate Intl Magazine Global Award as the "Banking Litigation Law Firm of the Year in New Jersey."

The Firm has represented the financial services industry in a wide array of legal disputes and litigation matters in state and federal courts in New Jersey and elsewhere throughout the nation, including:

Defense of Putative Class Action Lawsuits Relating to Subjects as Diverse as Equipment Leasing, Credit Insurance, Information Security, Credit Cards and an Alleged Conspiracy to Fix Interest Rates
Defense of Lender Liability Claims
Asset Recovery Litigation
Negotiable Instrument Actions, such as Allegations of Forged Maker’s Signatures, Forged or Missing Endorsements, Alterations, Conversions, Fictitious Payees, Midnight Deadline Violations, Failure to Follow Restrictive Endorsements, Wrongful Dishonor, Unauthorized Preparation, and Failure to Stop Payment
Allegations of Mishandled Wire Transfers, Unauthorized Withdrawals, Failure to Deliver Statements, Removals from Depository Bags and Safety Deposit Boxes, Improper Crediting of Deposits, and Improper Turnover of Funds among many other allegations
Defense of Consumer Claims, including under TCPA, TILA, FCRA, HOLA, FDCPA and ECOA.

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Representative Matters

Representation of a large New York-based hedge fund in a $47 million commercial foreclosure and subsequent collection proceeding that recovered the full amount of the judgment.
Representation of national banks in federal and state courts in the successful defense of putative class actions involving, for example, prime interest rates, equipment leasing, information security, credit insurance, payoff fees, and real estate partnerships.
Representation of a lending consortium in the foreclosure of a $1 billion acquisition and contraction loan made in connection with the redevelopment of a sports and entertainment complex.
Representation of a lender in connection with a $400 million loan to one of the nation’s largest developers of retirement communities in its sixteen administratively consolidated Chapter 11 bankruptcy cases in the Northern District of Texas.
Representation of various investment funds in connection with the conversion of approximately $200 million of debt to equity to facilitate the acquisition of a bus manufacturer through a pre-negotiated Chapter 11 process in the U.S. Bankruptcy Court in Delaware.
Representation of a lead lender in a $100 million syndicated loan in a multi-state real estate developer’s bankruptcy.
Representation of a prepetition and DIP lender owed in excess of $100 million in the bankruptcy of one of the nation’s largest paper supply companies in a bankruptcy case pending in the Eastern District of Texas and a related case pending in the District of Delaware.
Representation of a hedge fund in the foreclosure of a consolidated $60 million mortgage secured by an assemblage of commercial development properties in the Hudson Yards neighborhood in Manhattan.
Representation of a major national bank in a multi-state residential real estate project to recover a $200 million loan, pending in Bankruptcy Court in the District of New Jersey.
Representation of a life insurance company in the foreclosure of an acquisition, building and project loan in excess of $95 million secured by a development property (a former hospital) in the Hell’s Kitchen neighborhood in Manhattan, and obtained a judgment of foreclosure and sale.
Representation of agent of participated $62 million dollar acquisition and construction loan in restructuring and foreclosure of the largest office tower in New Jersey.
Representation of the first priority lender in the foreclosure of a senior living complex with respect to a first priority $35 million loan.
Representation of a large financial institution as a secured creditor of a $25 million loan in the administratively consolidated Chapter 11 cases of a large residential real estate developer and its affiliates pending in the United States Bankruptcy Court for the District of New Jersey.
Representation of a financial institution in connection with a negotiated restructuring of $53 million of credit components, real estate loans and tax-exempt bonds issued by an affiliated group of nursing homes, assisted living and skilled nursing facilities in New York State. The representation required expertise in New York State foreclosure law, health law, tax-exempt financing and governmental issues.
Successfully defended a major national bank in a lengthy jury trial against allegations of a $250 million lender liability claim.

Representative Decisions

Heyman v. CitiMortgage, Inc., 2019 U.S. Dist. LEXIS 128238 (D.N.J. June 27, 2019)
6/27/2019 Joshua N. Howley, Tyler J. Kandel, Kyle E. Vellutato
Investors Bank v. Torres, 457 N.J. Super. 23 (App. Div. 2018), certif. granted, 236 N.J. 594 (2019)
3/5/2019 Joshua N. Howley
Paul Sciarra, LLC v. HSBC Bank USA, N.A., et al., 2017 N.J. Super. Unpub. LEXIS 359 (App. Div. Feb. 15, 2017)
2/15/2017 Joshua N. Howley
Heyman v. CitiMortgage, Inc., 2015 U.S. Dist. LEXIS 138346 (D.N.J. Oct. 9, 2015)
10/9/2015 Joshua N. Howley, William R. Tellado
Ronald DeLuca, et al. v. CitiMortgage, et al., 2013 U.S. App. LEXIS 20692 (3d Cir. Oct. 11, 2013)
10/11/2013 Joshua N. Howley
Archbold, et al. v. Hampden Bancorp, Inc. et al., Civil Action No. 12-3873 ES-JAD, 2013 U.S. Dist. LEXIS 187560 (D.N.J. Sept. 30, 2013)
9/30/2013 Joseph L. Buckley, William R. Tellado
Elvira Peng, et al. v. CitiMortgage, et al., 2013 U.S. Dist. LEXIS 132392 (D.N.J. Sept. 17, 2013)
9/17/2013 Joshua N. Howley
Archbold, et al. v. Hampden Bancorp, Inc. et al., Civil Action No. 12-CV-3873 ES-JAD, 2013 U.S. Dist. LEXIS 187552 (D.N.J. Sept. 9, 2013)
9/9/2013 Joseph L. Buckley, William R. Tellado
Jesus and Ligaya Flores, et al. v. HSBC, et al., 2012 U.S. Dist. LEXIS 90673 (D.N.J. June 28, 2012)
6/28/2012 Jeffrey J. Greenbaum, Joshua N. Howley
Ronald DeLuca, et al. v. CitiMortgage, et al., 2012 U.S. Dist. LEXIS 1008 (D.N.J. Jan. 4, 2012)
1/4/2012 Joshua N. Howley
State of West Va. ex rel. Citifinancial, Inc. v. Hon. John T. Madden, et al., 223 W.Va. 229, 672 S.E. 2d 365 (2008)
12/10/2008 Joseph L. Buckley
DialAmerica Marketing, Inc. v. Citicorp Credit Services, Inc., 2008 N.J. Super. Unpub. LEXIS 3039
11/19/2008 Joseph L. Buckley, Richard H. Epstein
Hing Q. Lum, et al., Appellants v. Bank of America, et al., 2007 U.S. App. LEXIS 10812 (3d Cir. 2007)
5/7/2007 Joseph L. Buckley
F. James Donnelly, P.C. v. Copelco Capital Inc. 2007 WL 1062066 (N.J. Super. A.D.)
4/11/2007 Joseph L. Buckley
Cunningham v. Citigroup, 2005 U.S. Dist. LEXIS, 33805 (D.N.J. Dec. 16, 2005)
12/16/2005 Joseph L. Buckley, Jeffrey J. Greenbaum
Gardner v. Bank of America Nat. Trust and Savings Ass'n, 2004 WL 5211176 (N.J. Super. A.D.)
12/27/2004 Joseph L. Buckley, Thomas A. Della Croce, Richard H. Epstein
Rosenberg v. Washington Mutual Bank, F.A., 369 N.J. Super. 456, 849 A.2d 566 (App. Div. 2004)
3/22/2004 Jeffrey J. Greenbaum
Lum v. Bank of America, et al., 361 F.3d 217 (3d Cir. 2004)
3/11/2004 Joseph L. Buckley
Carmine Restaurant, Inc. v. Citibank, N.A., 300 A.D.2d 149, 752 N.Y.S.2d 49, 49 UCC Rep. Serv.2d 1266 (1st Dep't 2002)
12/19/2002 Joseph L. Buckley
Rolo v. City Investing Co., 155 F.3d 644 (3d Cir. 1998)
10/2/1998 Joseph L. Buckley, Mark E. Duckstein
Continental Bank Real Estate Department v. New Jersey Department of Community Affairs, 97 N.J.A.R.2d (CAF) 100 (1997)
7/8/1997 Joseph L. Buckley
United States Small Business Administration v. Citibank, N.A., 31 U.C.C. Rep. Serv.2d 795 (S.D.N.Y. 1997)
2/4/1997 Joseph L. Buckley
Burns & Beck v. Citibank, N.A., 640 N.Y.S.2d 90 (1st Dep’t 1996)
4/4/1996 Joseph L. Buckley, Mark E. Duckstein
Baureis v. The Summit Trust Co., 280 N.J. Super. 154 (App. Div.), certif. denied, 141 N.J. 99 (1995)
3/14/1995 Mark E. Duckstein
Washington Savings Bank v. Tardy, 268 N.J. Super. 597 (App. Div. 1993)
12/13/1993 Mark E. Duckstein
Schachter v. Citibank, N.A., 193 A.D.2d 593, 597 N.Y.S.2d 453 (2nd Dep’t 1993)
5/3/1993 Joseph L. Buckley
Sadler v. Citibank, N.A., 947 F.2d 642 (2d Cir. 1991)
10/22/1991 Joseph L. Buckley

See All Representative Decisions

Press Releases

Sills Cummis & Gross Welcomes Lauren C. Watson
4/8/2019
Sills Cummis & Gross Welcomes Tyler J. Kandel
4/4/2019
Sills Cummis & Gross Promotes Attorneys: New Members and Of Counsel Named
10/1/2018

In The News

In The News Items

A Group Approach to Coping with the Subprime Mortgage Crisis
The Metropolitan Corporate Counsel 3/1/2008 Joseph L. Buckley
The Subprime Irony: Bust for the Economy Is Boom for Law Practices
New Jersey Lawyer 2/25/2008 Mark S. Olinsky

Presentations

RealShare Breakfast Series: New Jersey Opportunities
Opportunities in Office: Distressed Properties and the Future RealShare/ALM 6/5/2012
3rd Annual Bank and Financial Institutions Special Asset Executive Conference on Real Estate Workouts
Loan Modification Strategies (Stuart Glick) and A Special Asset Officers Guide to Cure Options: Lessons Learned for Loan: Documentation Deficiencies Including Avoiding Lender Liability (Mitchell Haddad) IMN 3/12/2012 Mitchell D. Haddad
Class Action Issues Facing Banks and the Financial Services Industry
Banking Law Section and Class Action Committee, New Jersey Bar Association 4/23/2008 Jeffrey J. Greenbaum
Credit Conference 2003 - Fiscal Fitness
What To Do When the Government Comes Knocking National Association of Credit Management - Midwest (Chicago Institute of Credit) 10/9/2003
An Overview of Antitrust Law
National Swimming Pool and Spa Industry Credit Group 8/22/2003

Publications

Avoid Becoming A Dreaded Mortgagee-In-Possession In NJ
Law360 7/13/2017 Joshua N. Howley
The New Jersey Supreme Court Extends the Powerful New Jersey Consumer Fraud Act to Foreclosures
The Metropolitan Corporate Counsel 11/1/2011 Joshua N. Howley
New Jersey Courts Place Roadblocks on Lenders' Ability to Enforce Mortgage Documents
The Metropolitan Corporate Counsel 1/1/2011 Joshua N. Howley