The Law of Lender Liability

Authors: Helen Davis Chaitman, Esq. and Mark E. Budnitz, Esq.
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Highlights of Our Latest Update Table of Contents About the Author Preface Table of Cases Index
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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!

About the Author

Helen Davis Chaitman is a partner with the law firm of Phillips Nizer LLP in New York. Ms. Chaitman practices in the areas of commercial litigation, lender liability and bankruptcy, among other areas. In 1995, Ms. Chaitman was named one of the nation‘s top ten litigators by the National Law Journal. From 1994 - 1997, she served as chair of the Commercial Financial Services Committee of the Business Law Section of the American Bar Association. She is a member of the Character and Fitness Committee of the New York State Appellate Division, First Department, of the New York Supreme Court. Ms. Chaitman is the author of numerous publications on banking and commercial law, and has lectured frequently for various State bar associations on lender liability and commercial litigation. She is admitted in New York and New Jersey.

Mark E. Budnitz 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.