Cecilia H. Morgan, with over 38 years of experience as an attorney and ADR professional, has in-depth experience in the many facets of banking matters.
- Mediated an action in federal courts by a national home shopping network against a national bank, a clearinghouse, two insurance companies and other responsible third parties. The case involved claims in three different jurisdictions and required interpretation of the credit card Processing Service Agreement and Rules of the National Automated Clearing House Association (NACHA).
- Mediated case between bank and title company. The bank sued on its mortgagee’s title policy after foreclosure on a $500,000 mini mansion when the original deed of trust was not filed in the county records. The settlement also required the homeowner’s bankruptcy trustee’s approval. The bank’s causes of action were breach of fiduciary duty, breach of contract, and negligence.
- Mediated case between international trucking concern and bank; trucker company claimed DTPA, breach of contract, conversion, negligent misrepresentation, fraud, and promissory estoppel. The bank defended based on the language of Tex. Bus. & Comm. Code Section 4.406.
- Mediated a case between a bank and the co-guarantor of a line of credit pursuant to a mortgage servicing agreement over “junk mortgages” on sub-standard housing in the Midwest. The co-guarantor was in Chapter 7 and the defendant co-guarantor defended based on fraud in the inducement.
- Mediated case between bank trust department and 27 beneficiaries of a trust when the corpus consisted of oil, gas, and lumber interests on 15,000 acres in Colorado.
- Mediated numerous cases from state, federal, and bankruptcy courts involving the Resolution Trust Corporation, lender liability after the major Texas banks failed.
- Mediated numerous cases between financial institutions and their employees over Title 7 and FLSA matters.
- Arbitrated numerous collection cases between financial institutions and debtors over millions of dollars
- Arbitrated multi-million dollar foreclosure dispute between bank and real estate developer of country club properties
- Litigated for over 17 years, including the following two significant cases:
- 1988-1989, Tripp Village Joint Venture v. MBank Lincoln Center, N.A. - Action to enforce loan agreement in face of parole evidence. Reported Opinion 774 S.W.2d 746 (Tex.App.-Dallas, 1989) writ denied. (Co-Counsel and primary author of briefs for Bank)
- 1979-1983, Bank of Texas, et al. vs. John Childs, et al. - Action to restrain collection of bank stock ad valorem taxes for 52 banks in Dallas County. Reported opinions: (1) 615 S.W.2d 810 (Tex.Civ.App.-Dallas, 1981) writ ref'd. n.r.e. (Co-Counsel and primary author of briefs for Banks); (2) 634 S.W.2d (Tex.Civ.App.-Dallas, 1982) (primary author of all briefs) American Bank and Trust Co. vs. Dallas County, 463 U.S. 855 (1983). Trials, briefs, and appearances in district courts, state court of appeals, Texas Supreme Court, and United States Supreme Court (Co-Counsel for Banks).