Transcription of Lender Liability Considerations - American Bar …
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Lender Liability Considerations - American Bar …
Lender Liability Considerations Lender Liability is the result of a Lender s conduct; it is not an activity. Generally, Lender Liability arises from either a breach of a common law (or judicially created) obligation or a violation, whether intentional or inadvertent, or a breach of a federal or state statutory obligation. Thus, Liability has been found where a Lender exercises excessive control over a borrower s affairs, engages in inequitable or fraudulent conduct with respect to the borrower or other creditors of the borrower, or engages in conduct proscribed by applicable federal or state laws. In these circumstances, the Lender may be held liable to the borrower or third parties for damages or penalties, may find its claims equitably subordinated to claims of others, or may have its claims avoided entirely.
Lender Liability Considerations Lender liability is the result of a lender’s conduct; it is not an activity. Generally, lender liability arises …
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