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Don't Let Borrowers Turn the Tables: Assessing and Avoiding Lender Liability Claims

Beware, lenders and loan servicers are at risk for lender liability claims brought by borrowers.

Despite recent improvements in the nationwide economy, credit markets are still tight and loan defaults remain high. As a result, both lenders and loan servicers are at risk for lender liability claims brought by borrowers, guarantors, and even third parties. For years, these claims were used mainly as stall tactics during foreclosure and bankruptcy proceedings, but now they are increasingly used as leverage during workout negotiations. As the market improves and borrowers have more potential equity to protect, they are becoming even more aggressive in using these claims. Third parties have also become more creative in pursuing claims against lenders related to borrower misconduct.

Runtime: 93 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Common Theories of "Lender Liability" - an Overview

  • Contractual Liability
  • Common Law Liability
  • Statutory Liability
  • Bankruptcy Considerations

Problem Areas During the Life of a Loan

  • Loan Application, Underwriting and Documentation
  • Loan Administration and Discretionary Clauses
  • Borrower Default and Loan Workout Negotiations
  • Foreclosure and Repossession
  • Dealing With Guarantors
  • Secured Lenders vs. Bankruptcy Trustees and Creditors Committees

Developing Issues

  • The Resurgence of Civil RICO Claims
  • Lender Liability to Third Parties: the Rise of Claims Related to Borrower Fraud

Tips for Avoiding Lender Liability Claims (Or Winning Those You Don't Avoid)

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on December 14, 2017.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Rachel M. Blise

Rachel M. Blise

Foley & Lardner LLP

  • Associate in the Milwaukee, WI office of Foley & Lardner LLP
  • Practice emphasizes bankruptcy, foreclosure, and creditors rights
  • Conducts regular seminars on bankruptcy and foreclosure issues
  • Can be contacted at 414-297-5862 or [email protected]
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Product ID: 401223
Published 2017
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