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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

• Breach of commitment to fund or renew loans
  
• Oral commitments
  
• Good faith and fair dealing
  

2. Duress
3. Bad faith
4. Breach of fiduciary duty
5. Fraud and misrepresentation
6. Negligent loan processing and administration
7. Interference

• Interference with contractual affairs
  
• Interference with corporate governance
  

8. Equitable subordination in a bankruptcy case
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

• Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA")
  
• Resource Conservation and Recovery Act
  
• Undergroud storage tanks
  
• Trustee and fiduciary liability
  
• State super-lien laws
  

16. RICO
17. Withholding taxes
18. Securities laws
19. Bank Secrecy Act
20. Director and Officer liability to state and federal regulators