Lender Liability
Most lender
liability cases are brought in Federal Court
under 15 U.S.C. § 45. In Oregon, state law also
provides a remedy under the Oregon Unfair and
Deceptive Trade Practices Act. Our attorneys
have recovered millions of dollars in damages
in lender liability lawsuits.
Lender
liability actions support a variety of claims,
some of which are listed below:
- Breach of
Contract
• Breach of
commitment to fund or renew loans
• Oral
commitments
• Good faith and
fair dealing
- Duress
- Bad
faith
- Breach of
fiduciary duty
- Fraud and
misrepresentation Negligent
- Loan processing
and administration
- Interference
• Interference
with contractual affairs
• Interference
with corporate governance
- Equitable
subordination in a bankruptcy case
- Fraudulent
transfers
- Preferential
transfers
- Fair Labor
Standards Act
- Equal Credit Opportunity Act
- Antitrust laws
- Anti-tying Environmental
Laws
• Comprehensive
Environmental Response, Compensation and
Liability Act ("CERCLA")
• Resource
Conservation and Recovery Act
• Underground
storage tanks
• Trustee and
fiduciary liability
• State
super-lien laws
- RICO
- Withholding
taxes
- Securities
laws
- Bank Secrecy
Act
- Director and
Officer liability to state and federal
regulators
In lender
liability lawsuits, our attorneys have
recovered millions in damages.
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