Lender Liability Law and Litigation
Select a format
Select subscription type
Terms & conditions
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing email@example.com; or returning the invoice marked "CANCEL".
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
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.
eBooks, CDs, downloadable content, and software purchases are non-cancellable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+™ for further legal research options. A valid subscription to Lexis+™ is required to access this content.
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
New!PreorderPersonal Injury Actions, Defenses, and Damages: Motor Vehicle NegligenceNew!Estimated: October 28, 2021$260.00
New!PreorderProceedings of the Institute on Oil and Gas Law with Index VolumeNew!Estimated: September 28, 2021$922.00
Washington Guardianship Law: Administration and Litigation$234.00