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The theories of liability faced by financial institutions today are limited only by the creativity of counsel. In historic volume, borrowers and guarantors are filing preventative suits and counterclaims in effort to delay foreclosure and create leverage for deficiency negotiations. Consumer protection laws such as the Truth-in-Lending Act and the Real Estate Settlement Procedures Act are evolving. High incentives to assert lender liability claims mean the issues faced today will remain for years to come. What are the best defense strategies for banks faced with today’s lender liability claims? Is there any escape? Key strategies targeting today’s newest lender liability trends will be discussed.
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