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Lender Liability Overview |
Back to "Issues with Home Repair Lending |
Lender liability is made up of a body of common and statutory law covering a broad spectrum of claims. Claims may arise under the following areas:
1. Breach of Contract
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Breach of commitment to fund or renew loans
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Oral commitments
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Good faith and fair dealing
3. Bad faith
4. Breach of fiduciary duty
5. Fraud and misrepresentation
6. Negligent loan processing and administration
7. Interference
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Interference with contractual affairs
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Interference with corporate governance
9. Fraudulent transfers
10. Preferential tranfers
11. Fair Labor Standards Act
12. Equal Credit Opportunity Act
13. Antitrust laws
14. Anti-tying
15. Environmental Laws
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Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA")
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Resource Conservation and Recovery Act
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Undergroud storage tanks
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Trustee and fiduciary liability
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State super-lien laws
17. Withholding taxes
18. Securities laws
19. Bank Secrecy Act
20. Director and Officer liability to state and federal regulators
