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Of the many lender liability cases handed down in the last 15 years, those that have produced the largest judgments against lenders have involved breaches of written or oral commitments to lend money. But the magnitude of these judgments, in some cases threatening the very solvency of the financial institution involved, warns that the most preliminary stages of the lending relationship present potentially the greatest risks of substantial liability to the lender. — Mark E. Budnitz, Esq.
There continues to be a large volume of reported appellate cases on lender liability, and most courts are eager to decide each case after examining its unique facts. Lenders need to understand, before taking action at any stage in the loan relationship, how to avoid legal issues that can lead to costly litigation.
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
Order now to get expert guidance on avoiding lender liability!
Highlights of Our Latest Update Index Preface Table of Cases Table of Contents Look Inside This Book!*
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About Jessica D. Gabel
Jessica D. Gabel teaches courses on bankruptcy, contracts, forensic evidence and forensic medicine at Georgia State University's College of Law. She focuses on fraud and ethics in a wide variety of fields: law, science, business, politics, pop culture and other current events topics. Previously, she clerked for the Honorable Peter T. Fay, Circuit Judge for the United States Court of Appeals for the Eleventh Circuit and practiced law with Covington & Burling LLP, focusing on bankruptcy and criminal defense. Professor Gabel co-authored the "Bankruptcy Appeals Manual," published by the American Bankruptcy Institute and serves as the vice-chair of membership for the ABA Business Bankruptcy Committee. In 2009, she received the committee's Kathryn R. Heidt Memorial Award for her service, scholarship and practice. Recently, Professor Gabel traveled with eight students to China to present research on forensic evidence as used in United States criminal courts. See all works by Professor Gabel
About Mark E. Budnitz
Mark E. Budnitz, Esq., is a Professor of Law at Georgia State University College of Law, where he teaches courses in electronic commerce, commercial law, and consumer law. Previously, he taught at Emory School of Law. Professor Budnitz has also practiced law, served as Executive Director of the National Consumer Law Center, and was Chief of the Bankruptcy Reorganization Branch of the Atlanta office of the Securities and Exchange Commission. He has authored one book, co-authored three books, and published more than a dozen law review articles. Professor Budnitz is a member of the American Law Institute.
