Vivian also counsels and represents clients in claims relating to all aspects of banking litigation, including lawsuits to determine and preserve real property rights, actions to enforce notes and guaranties, wrongful foreclosure claims, actions involving allegations of securities law violations, disputes regarding contractual interference and breach of fiduciary duties, and replevin actions.
Defeated consumer's motion for summary judgment wherein the consumer argued that the creditor was barred from recovering the amounts owed under a junior line of credit due to Georgia's confirmation statute. On argument, Vivian successfully established that a consumer's elective use of loan proceeds cannot be conflated with and does not replace the parties' agreed upon purpose for a loan and that, as such, the loans at issue were not inextricably intertwined. After defeating the consumer's motion for summary judgment, Vivian secured summary judgment in favor of the creditor for a quarter of a million dollars.
Managed $40 million loan refinance, involving the consolidation of multiple existing debts where existing debts were secured by over 20 separate parcels of real property in five different states, by the equipment and personal property located at each separate property, and by pledges of common stock.
Performed and oversaw due diligence review of $200 million loan portfolio purchase for large community bank, including performing due diligence on each lending relationship with each debtor, which included an analysis of the enforceability and priority of all security instruments.
Collected over $1.3 million in 2017 for a single creditor across various account products. Collections effectuated through pre-suit settlement negotiations, suits on notes and guaranties, in-suit settlements, and garnishments and other post-judgment collection recoveries.
Atlanta Bar Association
State Bar of Georgia
Ohio State Bar Association
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