What are the legal and nonlegal options for a lender faced with a situation involving fraud or misrepresentation?
Many lenders faced with the problem of borrower nonpayment do not understand how to properly differentiate fraud or misrepresentation from a default under the terms of the governing financing agreement. They also do not understand their legal and nonlegal rights that govern the actions that ultimately may be taken to recover their collateral. This slide deck helps the persons responsible for loan nonpayment to recognize when fraud or misrepresentation has occurred in a lending situation. This slide deck also helps those same persons develop an informed strategy for collateral recovery through consideration of both their legal and nonlegal rights. Failing to properly and timely identify fraud or misrepresentation is detrimental to the process of collateral recovery, especially when the nature and quality of the collateral leads to rapid depreciation or dissipation. This webinar is critical to a proper understanding of fraud and misrepresentation in commercial lending and provides a proper platform for identifying and acting in the face of borrower fraud or misrepresentation.
Agenda
Faculty
Jennifer G. Ziegenhorn
Husch Blackwell LLP
- Managing partner of Husch Blackwell LLP’s Memphis office where she specializes in workouts, litigation and insolvency representation of creditors
- As a member of the firm’s financial services industry team, Jennifer primarily represents commercial lenders in fraud claims, borrower misrepresentations, and other default situations in creditors’ rights issues throughout the country
- Defends against claims that are based on questions of lien priority and lender liability and also advises on general litigation, loan documentation, employee and independent contractor issues, and corporate formation
- Worked as an accountant with a major public firm, with a focus on financial institution audits and loan valuations
- Member of the Arkansas Bar Association, the Memphis Bar Association and the Tennessee Bar Association
- Frequent speaker on commercial lending and creditors’ rights issues and serves on the Board of Advisors for the Memphis Chamber of Commerce
- J.D. degree, with high honors, University of Arkansas School of Law, member of the Arkansas Law Review; B.A. degree, with distinction, Hendrix College
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