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"Lender Liability" is a generic term used to designate a wide range of potential
bases for civil liability against lenders - most frequently banks. Other than
this, it has no well defined meaning. The most common causes of action are the
following
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 Breach of Contract
- Breach of commitment to fund or renew loans
- Oral commitments
- Improper demand for payment - acceleration clauses
- Improper repossession and resale of collateral - includes taking control of defaulting borrower's business
- Good faith and fair dealing
 Duress
Bad faith
Breach of fiduciary duty
Fraud and misrepresentation
Negligent loan processing and administration
Interference
SEC_CODE_REF_0090001192884
- 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 Liabilities
- Comprehensive Environmental Response,
Compensation and Liability Act CERCLA
- Resource Conservation and Recovery Act
- Underground storage tank liability
- Trustee and fiduciary liability
- State super-lien laws
Liability Under RICO
Withholding taxes
Securities laws
Bank Secrecy Act
Director and Officer liability to state and federal regulators
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