Daniel N. Moak

Dan is a partner in Taft’s Commercial Litigation practice and practices principally in the areas of banking litigation, creditors’ rights litigation, real estate litigation, and commercial lease litigation.

As part of his banking litigation practice, Dan has successfully represented banks and lending institutions in numerous workouts, forbearance agreements, replevin actions, lien priority disputes, mechanic’s lien actions, foreclosures, guaranty litigations, loan participation disputes, collection actions, agricultural litigations, equipment loan litigations, and lender liability actions. Dan also has extensive experience representing lenders and receivers in receivership actions.

• Represented general receiver in connection with foreclosure, mechanics’ lien, receivership action and sale of large office building and parking garage in downtown St. Paul, Minnesota.
• Represented lender in connection with foreclosure, general receivership, and sale of residential housing property located in Winona, Minnesota.
• Represented lender in connection with foreclosure and general receivership.
• Represented lender in connection with Wisconsin Chapter 128 Receivership related to frac sand operation’s default under $40+ million loan.
• Represented junior lender in large construction company foreclosure, mechanics’ lien, and general receivership action.
• Represented property owner in connection with attempted foreclosure of membership interests in Dayton’s department store building in downtown Minneapolis, Minnesota.
• Represented individual with entitlement to exercise right of first refusal to purchase real estate. Obtained reversal of district court’s dismissal of lawsuit which led to favorable settlement.
• Defended automotive dealer against claims for unjust enrichment, trespass, conversion, and trade secret misappropriation. Obtained summary judgment in clients’ favor, which was affirmed on appeal.
• Defended manufacturing client against negligence claim in excess of $33 million. Obtained summary judgment in client’s favor, which was affirmed by Eighth Circuit.
• Represented banking client in loan participation dispute, which resulted in settlement before trial. Included claims for breach of contract, fraud, and negligent misrepresentation.
• Represented banking client in mortgage priority dispute, which resulted in summary judgment in favor of client and finding that client’s mortgage had priority over a competing bank’s mortgage.
• Represented client concerning claims brought by landowner regarding the height of a newly constructed building. Obtained reversal of district court’s grant of temporary injunction, which resulted in favorable settlement.
• Represented commercial landlord in breach of contract dispute with tenant and guarantor, which resulted in entry of summary judgment in favor of landlord.
• Represented commercial landlord in dispute with tenant guarantors. Obtained judgment on the pleadings as to contractual liability under lease and guaranties, which resulted in favorable settlement.
• Represented homeowner defending against breach of contract and promissory estoppel by construction contractor. Obtained summary judgment in client’s favor.
• Represented individual landowner in Torrens action against adjacent landowner concerning ownership of boundary property. Court awarded property to client on summary judgment.
• Represented lender in priority dispute with mechanic’s lien claimant.
• Represented national bank in related lawsuits involving a multimillion-dollar construction loan default by developer, appointment and termination of a receiver, a mechanic’s lien foreclosure action by a general contractor, and title insurance litigation.