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.

by Jessica Gabel Cino (Author)

Publisher: LexisNexis A.S. Pratt

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ISBN: 9780769878843

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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

eBook and print subscribers will receive access to a downloadable file containing editable forms.

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Authors / Contributors

Jessica Gabel Cino

Professor Jessica Gabel Cino is an associate dean and associate professor at Georgia State University College of Law. She teaches courses on Bankruptcy; Contracts; Scientific Evidence; and Forensic Medicine. Her research focuses on fraud and ethics in a wide variety of fields: law, science, business, trial strategy, and evidence.

She received her JD magna cum laude from the University of Miami School of Law and her BS summa cum laude from the University of Central Florida. Prior to joining Georgia State University College of Law, she clerked for the Honorable Peter T. Fay, Circuit Judge for the United States Court of Appeals for the Eleventh Circuit. She then practiced law with Covington & Burling LLP in San Francisco, California, focusing on bankruptcy and white collar criminal defense. She also taught classes at the University of California Hastings School of the Law.

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Table of Contents


 VOLUME 1


 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


 VOLUME 2


 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


 INDEX

The Law of Lender Liability

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Jessica Gabel Cino

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