2.12 “lender Liability” Issues
| Library | Enforcement of Liens and Judgments in Virginia (Virginia CLE) (2019 Ed.) |
2.12 "LENDER LIABILITY" ISSUES
Over the past decade, courts have shown an increasing willingness to create affirmative causes of action on the part of borrowers against lenders. "Lender liability" issues arise at the point of loan commitment negotiations and continue through payment or enforcement of the note.
These cases have been decided under a patchwork of theories ranging from common-law tort and contract theories to evolving perceptions of public policy. The scope of this chapter does not permit...
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