When lenders attempt to collect, lender liability claims may provide borrowers a defense, or at best, a costly delay tactic. Turbulent times ahead may lead to an increase in lender liability claims from:
- Acts that arise from loan origination through loan servicing and into the foreclosure process
- Lender/borrower/3rd party Intermediary relationships
- Relationships with guarantors
- Claims that lender was “advisor” or “partner” of borrower
- “Unfair” loan terms or claims of a lender’s superior bargaining position
- Claims of “negligent disbursement” when dealing with construction funds
- Claims of lender “interference” in borrower’s business operations or relationships
Find out the seven areas of greatest concern, along with many more methods to structure transactions, documents and operations to prevent, or when necessary, deal with lender liability issues. Our team of legal experts and an experienced practitioner will expand your knowledge about potential hazards and more importantly, practical solutions.
