4.2.16 Lender Liability.

• Jurisdiction: Arizona

Lender liability, a term occasionally in vogue, refers to affirmative claims for relief by borrowers (or others) against lenders, not to defenses as such. Treatment of this topic is beyond the scope of this book.

In Wells Fargo Credit Corp. v. Smith, 166 Ariz. 489, 803 P.2d 900 (App. 1990), the trial court granted a motion for summary judgment in favor of the lender on counterclaims alleging fraudulent misrepresentation, negligence, violations of A.R.S. §§ 6-901 and -907, and the Federal Truth in Lending...