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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.

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