The Law of Lender Liability
Provides a comprehensive explanation of the major legal issues that arise between lenders and borrowers at the various stages of the loan relationship. The Law of Lender Liability presents practical guidance for developing and implementing protective measures at every stage of the life of the loan.
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There is a large volume of reported appellate cases on lender liability, and most courts are eager to decide each case after examining its unique facts. Lenders need to understand, before taking action at any stage in the loan relationship, how to avoid legal issues that can lead to costly litigation.
The Law of Lender Liability provides a comprehensive explanation of the major legal issues that arise between lenders and borrowers at the various stages of the loan relationship. It also provides practical guidance for developing and implementing protective measures at every stage of the life of the loan.
This manual covers:
• Developments regarding federal pre-emption of state banking laws
• Federal agency warnings, guidance and advisories to financial institutions concerning new types of financial products
• Cases exploring the outer reaches of guarantory liability
• Punitive damages decisions in the appellate courts
• Challenges to arbitration clauses
• Court responses to lawsuits alleging breach of the lender’s fiduciary duties
• Statutes and cases breaking new ground on privacy rights
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Table of contents
Table of Contents
1 Commitments to Lend
2 Documentation and Administration of the Loan Relationship
3 The Loan in Default
4 The Obligation of Good Faith and Fair Dealing
5 Usury and Common Law Theories of Lender Liability
5A Guarantors and Lender Liability
6 Lenders and Civil Racketeer Influenced and Corrupt Organizations Act Liability
7 Equitable Subordination
8 Fraudulent Conveyances and Preferences
9 Liability for Environmental Cleanup
10 Lender Liability Under the Securities Laws and Other Federal Statutes
11 The Fate of the Borrower's Claims and Defenses When the Bank Fails
12 Liquidated, Compensatory, and Punitive Damages
13 Litigation Strategies
TABLE OF CASES