Lender Liability Litigation
Our country’s current economic situation has created an environment
that is ripe for lender liability disputes. With bankruptcies and foreclosures
on the rise, both financial institutions and borrowers are faced with
unique challenges that often result in the need for lender liability litigation.
Unfortunately, borrowers do not always realize that they have legal options
that protect them from unfair lender treatment.
Lender liability surfaces from allegations that a lender has breached the
duty of good faith and fair dealing that is owed to the borrower. This
can be in the form of an actual
contract breach or simply the failure to honor an implied contract that has occurred between
the lenders and the borrower. When a lender acts improperly or wrongfully
refuses to honor a loan commitment, borrowers can be significantly harmed.
When this occurs, you need an experienced and skilled
commercial litigation law firm on your side to fight lender liability disputes.
Types of Lender Liability Dispute Claims
There are numerous types of legal claims that can arise between a lender
and a borrower. Some of the most common include:
- Refusing to honor a previous loan commitment
- Refusing to honor a claimed "side deal"
- Failing to fund loan
- Refusing to renew loan
- Negligence when processing or administering loan
- Giving false information about a borrower when answering credit inquiries
- Threatening enforcement action that causes borrower to act destructively
- Foreclosing a mortgage without giving required notice
- Failing to follow proper statutory procedures when foreclosing a trust,
mortgage, or security agreement
- Breach of fiduciary duty
Protecting Commercial Borrower’s Interests
Since 2008, there has been a dramatic increase in the number of commercial
lender liability lawsuits. Builders, real estate developers, and commercial
businesses have sued lenders who simply refused to honor written commitments
to fund construction loans and business loans. Even when commercial borrowers
have fallen behind in their payments, they have been harmed when lenders
have sold their loan collateral for far less than fair market value.
When a lender engages in misconduct, the commercial litigation lawyers
at Kelley/Uustal will fight to hold the lender responsible for their breach
of duty and protect your interests. Our contingency-fee based arrangements
share the risks of litigation and allow all of our clients to pursue justice.
We believe that lenders should be accountable to the clients they serve,
both individual and commercial. If you or your business has a claim against
a lender, contact the commercial litigation lawyers at Kelley/Uustal to
evaluate your case.
Commercial Contingency Law Firm
The commercial contingency lawyers at Kelley/Uustal have the resources
necessary to succeed in even the most complex lender liability disputes.
When a bank or financial institution acts improperly and breaches a fiduciary
duty or duties of good faith, commercial and consumer borrowers need a
law firm on their side who is not afraid to fight the tough fight.
If your lender liability dispute ends up in court, you can rest assured
in the knowledge that you are being represented by successful trial attorneys,
who have the skills and experience needed to win the tough courtroom battles
against even the largest financial institutions.