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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 practical volume 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.
This comprehensive book begins with a consideration of the nature of the general banker-customer relationship, the obligations it poses and the issues relating to the commencement of the banking relationship. It provides individuals and companies with valuable guidance when assessing the risks in their relationship with banks, and vice versa. The following chapters allow all parties to consider carefully the central issues and underlying general principles that might arise by addressing the various activities undertaken by a lender. The duty of confidentiality, lenders as fiduciaries, the lender's duty to advise borrowers on the imprudence of transactions as well as fraud, and banks as constructive trustees and damages for breach of contract by a lender are all considered. The final chapters explore the duties of security holders and mortgagees of land, the liability of lenders for receivers they appoint, environmental liability and lender liability as shadow directors concerning wrongful trading. The book outlines liability in negligence and contract, with specific reference to existing case law concerning banks in this field from an English law perspective, and also Scottish and Commonwealth law, thus providing valuable applicability to the banking context for practitioners in other fields.
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.
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.
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.
We examine the impact of banks’ exposure to market liquidity shocks through wholesale funding on their supply of credit during the financial crisis in the United States. We focus on mortgage lending to minimize the impact of confounding demand factors that could potentially be large when comparing banks’ overall lending across heterogeneous categories of credit. The disaggregated data on mortgage applications that we use allows us to study the time variations in banks’ decisions to grant mortgage loans, while controlling for bank, borrower, and regional characteristics. The wealth of data also allows us to carry out matching exercises that eliminate imbalances in observable applicant characteristics between wholesale and retail banks, as well as various other robustness tests. We find that banks that were more reliant on wholesale funding curtailed their credit significantly more than retail-funded banks during the crisis. The demand for mortgage credit, on the other hand, declined evenly across wholesale and retail banks. To understand the aggregate implications of our findings, we exploit the heterogeneity in mortgage funding across U.S. Metropolitan Statistical Areas (MSAs) and find that wholesale funding was a strong and significant predictor of a sharper decline in overall mortgage credit at the MSA level.
With the help of Hillman, you'll conduct effective due diligence on prospective borrowers; use loan closing checklists that ensure every key step is taken to get solid deals done; obtain comprehensive hazard insurance that shields lenders, and draft agreements that protect lenders from environmental risks, resolve conflicts with creditors, and allow lenders to capitalize on lucrative financing opportunities.
This book analyzes theories of liability and provides in-depth discussion of: RICO; planning, budgeting and monitoring banking & lender litigation from the perspective of inside counsel and more.