The Law of Lender Liability
The Law of Lender Liability

Author: Jessica Gabel

Publisher:

Published:

Total Pages:

ISBN-13: 9780769880266

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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.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Principles of Lender Liability
Principles of Lender Liability

Author: Parker Hood

Publisher: OUP Oxford

Published: 2012-10-11

Total Pages: 750

ISBN-13: 0191630950

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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
Lender Liability - Fifth Edition

Author: A. Barry Cappello

Publisher: Juris Publishing, Inc.

Published: 2014-06-01

Total Pages: 944

ISBN-13: 1578233437

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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.

Commercial Lending Law
Commercial Lending Law

Author: Brian D. Hulse

Publisher:

Published: 2017-06-01

Total Pages: 2640

ISBN-13: 9781634254793

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Updated and expanded in a two-volume set, this compilation is a valuable resource for lawyers negotiating or reviewing commercial lending laws outside their own jurisdiction. With contributions from experts across the country, this practical guide outlines all aspects of commercial lending laws in all 50 states and Canada. Designed to save lawyers countless hours of research time by including the relevant information in a complete, two-volume set.

Lender Liability and Banking Litigation
Lender Liability and Banking Litigation

Author: Edward F. Mannino

Publisher: Law Journal Press

Published: 2023-10-28

Total Pages: 1056

ISBN-13: 9781588520500

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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.