Lender Liability Fifth Edition

Addresses the liability and risk issues that arise at each successive stage of the relationship between lenders and borrowers or guarantors. This work adopts a practical, transaction-based approach, examining the different stages of the relationship in turn and the legal issues that arise along the way. It also gives guidance on breach of loans.

Lender Liability - Fifth Edition is the leading one-volume work on the subject. This area of the law has grown and matured significantly over the years and is now recognized as a distinct body of law that is the basis of thousands of lawsuits filed over the last decade. Written for both lenders' and borrowers' attorneys, Lender Liability discusses the basics and more advanced issues relating to lender liability. Topics include 1) an extended analysis of where and how lender liability problems arise, 2) common law and statutory theories of liability, 3) bankruptcy concerns and 4) lawsuits against failing or failed financial institutions. A sample complaint, request for production of documents, interrogatories and jury instructions are included on CD for easy use. The work also includes as well tables of state and federal cases and statutes, rules and regulations. This brand new edition has been completely revised, reorganized and updated. It conforms now to the evolution and maturity of Lender Liability as an accepted, cited and well litigated area of commercial and consumer litigation. "Lender Liability" as a body of law has evolved from traditional contract and tort theories, to include causes of action based in the Uniform Commercial Code; including the covenant of good faith and fair dealing. This handy reference work is ideal for either the experienced practitioner or the neophyte involved in representing an institution or client whose interests involve bank liability.

Providing a single point of reference, this book covers situations in which banks can incur liability, giving a practical consideration of the central issues and as well as the underlying general principles. It addresses liability in negligence and contract from an English law perspective, with reference to Scottish and Commonwealth law.

This guidebook defines current actions and situations that are subjecting lenders to claims. It addresses lender defenses and evaluates the remedies available under common law tort, contract law, federal bankruptcy laws and the RICO act.