Lender Liability And The Duty Of Good Faith
This is the first 1,000 characters of 7540 words (30.16 pages) in the essay titled Lender Liability And The Duty Of Good Faith
|Lender Liability and the Duty of Good Faith
Lender Liability and the Duty of Good Faith
From time to time, lenders and their attorneys announce that lender liability is no longer an issue with which the lending community needs to be concerned. What usually prompts this proclamation of the death of lender liability is a recent case in which a court has summarily rejected a borrower’s claim that the lender violated the duty of good faith and fair dealing. Many courts have rejected borrowers’ lawsuits which are based on allegations of the violation of the lender’s duty of good faith. Nevertheless, lender liability should continue to be an area of concern to lenders.
Although courts often dismiss cases based on a borrower’s claims of lender bad faith, in other cases courts find that lenders have indeed engaged in conduct that constitutes bad faith. Most courts carefully examine the unique facts of each case, consider the testimony of experts, and ...
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