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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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.

    First published in 1989.

    2 Volumes; Looseleaf; updated with revisions.

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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