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...
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- 4.2.8 Estoppel and Waiver.
- 4.1 Introduction.
- 4.4 Resolution Trust Corporation Issues.
- 4.2 Types of Defenses.
- 4.2.1 Failure to Follow Trustee's Sale Procedures.
- 4.2.2 Statute of Limitations.
- 4.2.3 Enforcement of Due-on-Sale or Encumbrance Clauses.
- 4.2.4 Timely Tender of Performance.
- 4.2.5 Unconscionable Conduct or Disproportionate Harshness.
- 4.2.6 Fraud, Duress, Mistake, or Illegality.
- 4.2.7 Pendency of Separate Action on the Debt.
- 4.2.9 Set-off and Counterclaim.
- 4.2.10 Failure of Consideration.
- 4.2.11 Outlawing of Certain “Balloon” Payments.
- 4.2.12 Racketeering Injunctions.
- 4.2.13 Payment.
- 4.2.14 Usury.
- 4.2.15 Homestead.
- 4.2.16 Lender Liability.
- 4.3 Fraudulent Conveyance Issues.
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