Loewinsohn Flegle Deary Simon is prosecuting a claim valued at $31m. We are raising $2.3m for return within 12 months, possible additional upside. $450k to close, balance on run rate 30 days net to trial.
The claimant is a single individual plaintiff who is a very credible former investment banker. Claimant is very knowledgeable and is committed to conclusion of the claim. One defendant is a large international financial institution and the second defendant is a highly liquid mortgage loan originator. Case documents are structured finance and real estate. Defendant’s counsel is a national general practice firm, lead defense counsel is 4-year partner. This is a complex financial claim, fact intensive, document case. Documents we hold support an opinion letter from a legal 500 firm at 80% chance of recovery. Damages are supported by preliminary economic expert and other case documents.
Why we believe we will win
This case arises out of a fraudulent foreclosure on plaintiffs’ home. The Financial Conduct Authority (FCA) regulated plaintiff who has brought claims that will likely result in a verdict including actual damages of $31,880,288.014 for Breach of Contract, Fraud, Fraudulent Lien Against Real Property, Deceptive Trade Practices Act (“DTPA”) and Texas Debt Collection Act (“TDCA”). Claimant was not in default, and allegations made against the plaintiff are proven to be false. The court records contain perjured statements, forged robo-signed affidavits, assignments, fraudulent liens, fraudulent appointment of substitute trustees and many other records. Defendants fraudulently concealed its lack of interest in the property by manufacturing evidence. These false allegations destroyed plaintiff’s credit, caused property loss, loss ofreputation and career. The jury will likely return a substantial verdict on the TDCA, which is a treble damages statute.
It is important to note that the jury will not be advised that fraud finding results in an automatic trebling of actual damages and mental anguish under both the DTPA and TDCA. The Court’s judgment could be set at over $69,131,398.50. Three of the four claims allow for the recovery of attorneys’ fees. In sum, the fraudulent conduct by Defendants supports “uncapped” exemplary damages. Given the result obtained by the Loewinsohn Firm against JP Morgan Chase last year, defendants have a powerful incentive to settle this case for close to the full amount of damages.
A Full litigation plan illustrates solid case of merits, liability, and damages for each claim. Plan includes analysis of defenses and key arguments. Data room is set up for due diligence. Case is on file in state court, no DCO or trial date. Preferential date will be requested within approximately 9 months. A Motion to dismiss was filed and denied.
About Loewinsohn Flegle Deary Simon
Loewinsohn Flegle Deary Simon have extensive experience representing clients ranging from Fortune 500 companies to individuals on both sides of the docket in complex business, employment and bankruptcy disputes. The firm’s recent successes include two high-profile cases. In July 2018, an LFDS team including Craig Simon, Alan Loewinsohn, Matt Ray and Jennifer Barall secured a $45 million settlement on behalf of Navajo Transitional Energy Company in a contract dispute against a number of public utilities. Last year, partners Alan Loewinsohn, Jim Flegle and Kerry Schonwald represented their client Jo Hopper in a breach of trust case against J.P. Morgan Chase & Co., where a Dallas probate jury awarded $6.014 billion in damages, the largest jury verdict in the United States in 2017 and the ninth largest verdict in US history.
The trial lawyers at Loewinsohn Flegle Deary Simon are nationally recognized, including most recently on Friday of last week, by editors and reporters of American Lawyer Media’s National Law Journal as the top law firm in the Nation for 2018, Elite Trial Lawyers Business Torts category. The facts and evidence to date suggest that we could achieve a similar outcome and damages to our record judgment in Hopper.
We are new to litigation funding. Our view is this case is suited to Family Office, Special Situations Fund, Individual investor, joint venture with another law firm, or Hedge Fund.
Xpress your interest by emailing
Alan Loewinsohn AlanL@lfdslaw.com
Loewinsohn Flegle Deary Simon LLP
12377 Merit Drive, Ste 900
Dallas, Texas 75251
214 572 1707
