This focused litigation guide is a must for both lenders' & borrowers' attorneys. The law of lender liability has come to be recognized as a distinct body of law in major treatises, lower court & appellate decisions, & in countless legal articles. This key resource arms you with the basics as well as more subtle points of lender liability: practical expert analysis of where problems arise; theories of liability; bankruptcy concerns; how to handle insolvent institutions; insurance issues; compliance with federal & state banking regulations; tort & contract theories of liability & defenses; & projections for the future. Convenient sample complaints & jury instructions are included.
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.
The Law of Lender Liability
... a false statement or failure to disclose ( scienter ) ; ( 3 ) intent by the maker of the false statement or person failing to disclose to induce action or inaction by the recipient ; 12.1 13 Hoffman v . Stamper , 155 Md . App . 247 ...
5 See the differing approaches in England, under s 29(1) of the Insolvency Act 1986, and Scotland, under s 462(1) of the ... in Scotland (2nd edn, 2005); and ]B St Clair and ]E Drummond Young, The Law of Corporate Insolvency in Scotland ...
This guidebook defines current actions and situations that are subjecting lenders to claims. It addresses lender defenses and evaluates the remedies available under common law tort, contract law, federal bankruptcy...
The Law of Lender Liability: Cumulative Supplement
The Law of Lender Liability
Good Faith and Lender Liability: Toward a Unified Theory
Lender Liability: How to Protect Yourself Against Unwarranted Suits