Lender Liability Law and Litigation

The first complete guide to the theory and practice of lender liability cases.

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Print Book:2 volumes: looseleaf; updated with revisions.
ISBN: 9780820514888
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ISBN: 9781579113872
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Product description

This compact desk reference provides expert guidance for both lender and borrower on the theory and practice of lender liability law. Coverage of both lender liability prevention issues and litigation includes the following topics:

  • excessive control of the borrower's business and how to avoid it;
  • federal tax liability;
  • "bad faith" actions;
  • environmental liability concerns;
  • lender's actions which may give rise to a civil RICO claim;
  • bankruptcy considerations;
  • pretrial litigation issues; and
  • alternative dispute resolution.

The text includes discussions of relevant case law and statutes, as well as practical hints on how to apply the law in day-to-day transactions.

Chapter 23, “Lender Liability Issues Related to Subprime Lending” addresses special considerations for lenders that engage in subprime lending activities related to mortgages, credit cards, payday advances and title loans. It describes the characteristics of the subprime lending market, and the risks and restraints for lenders. Specifically, it details regulatory guidance that, while targeted at financial depository institution lenders, has been adopted in large part by states.

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Table of contents

CHAPTER 1 Introduction to Lender Liability Issues and Practices 

CHAPTER 2 Legal Duties and Remedies

CHAPTER 3 Contract Theories

CHAPTER 4 Good Faith and Fair Dealing in Commercial Lending Transactions

CHAPTER 5 Tort Liability Theories

CHAPTER 6 Federal Securities Law Bases for Lender Liability

CHAPTER 7 Federal Tax Liability and the Federal Tax Lien

CHAPTER 8 Bankruptcy Considerations

CHAPTER 9 Lender Liability Under the Racketeer Influenced and Corrupt Organizations Act

CHAPTER 10 Usury

CHAPTER 11 Criminal Liabilities: Major Banking Crimes

CHAPTER 12 Lender Environmental Liability Concerns

CHAPTER 13 "Fair Lending": Lender Liabilities and Restraints

CHAPTER 14 Antitrust Aspects of Lender Liability

CHAPTER 15 The Fair Credit Reporting Act and Financial Privacy

CHAPTER 16 Liability Under the Bank Secrecy Act

CHAPTER 17 ERISA Liability for Commercial Lenders

CHAPTER 18 Lender Liability Arising from the Exercise of a Lender's Rights and Remedies

CHAPTER 19 Federal Bank Regulatory Enforcement Actions

CHAPTER 19A Regulatory Examinations of Banks

CHAPTER 20 Failed Financial Institutions and the "Superpowers" of the FDIC

CHAPTER 21 Lender Liability Concerns in Loan Participation Agreements

CHAPTER 22 Use of Alternative Dispute Resolution and Jury Waiver Clauses in the Context of Lender Liability

CHAPTER 23 Lender Liability Issues Related to Subprime Lending

CHAPTER 24 Reserved

CHAPTER 25 Lender Liability Documentation Issues and Techniques

CHAPTER 26 Reserved

CHAPTER 27 Pretrial Issues in Lender Liability Lawsuits