Fourth Edition of Lender Liability by A. Barry Cappello Now Available – News Release

Release Date: January 12, 2009

SANTA BARBARA, CALIF.–A new edition of Lender Liability (ISBN-13: 978-157823-249-9, $195, 800 pages), the leading legal treatise on lender misconduct, is now available through Juris Publishing. Authored by the acknowledged pioneer of lender liability law, attorney A. Barry Cappello, the updated fourth edition is being released at a time when lender misconduct claims and the credit crisis are creating headlines around the world.

Cappello, who first began representing borrowers against lenders during the savings and loan meltdown of the late 1980s and early 1990s, sees the current calamity as much more severe. “The freezing of the credit markets brought on by wide scale predatory lending practices; the unprecedented explosion of foreclosures; the downward plunge of real estate values; unprecedented federal intervention in financial institutions; the bankruptcy, collapse or elimination of major investment banks; receiverships for depository banks and liquidations of other mortgage lenders all point to lender liability litigation that will keep the courts busy for years to come,” says Cappello.

“The lending practices that resulted in this financial cataclysm will come under judicial scrutiny in the next few years,” predicts Cappello. “Many of the predatory lending practices that have resulted in judicial precedent to date are included in the latest edition of Lender Liability. However, the ramifications of current conduct by lenders will no doubt create new theories of lender liability as borrower’s legal counsel attempt to obtain justice during these trying times.”

Lender Liability could not come at a more auspicious moment,” says Michael Schill, Dean and Professor of Law, UCLA School of Law. “Once the economy stabilizes and the current credit crisis subsides, lawyers throughout the nation will seek justice for many of the people who have been harmed. Some of these people will be shareholders who have lost everything; some will be borrowers who have lost their homes or businesses because they were enticed to borrow under terms that virtually guaranteed that they would default. In the fourth edition of Lender Liability, Barry Cappello provides an exhaustive, authoritative and illuminating analysis of the legal claims and theories that members of the bar will work with for decades to come.”

Cappello is managing partner of the Santa Barbara law firm of Cappello & Noël, LLP. He is recognized as one of the nation’s leading trial lawyers and authorities on complex commercial litigation. He has represented both large and small businesses against most of the nation’s major banks in litigation nationwide. Cappello has successfully tried jury trials with total verdicts in excess of $300 million and negotiated more than $1 billion in settlements and workouts for his clients.

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