| dd |
Lender Liability Overview
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
3. Bad faith
4. Breach of fiduciary duty
5. Fraud and misrepresentation
6. Negligent loan processing and administration
7. Interference
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
17. Withholding taxes
18. Securities laws
19. Bank Secrecy Act
20. Director and Officer liability to state and federal regulators
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
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
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
- Underground storage tanks
- Trustee and fiduciary liability<
- State super-lien laws
17. Withholding taxes
18. Securities laws
19. Bank Secrecy Act
20. Director and Officer liability to state and federal regulators