This area of the law has grown and matured significantly over the years and is now recognized as a distinct body of law that is the basis of thousands of lawsuits filed over the last decade.
Lender Liability | 5th Edition
Written for both lenders’ and borrowers’ attorneys, Lender Liability discusses the basics and more advanced issues relating to lender liability.
Included on CD for easy use are a sample complaint, request for production of documents, interrogatories and jury instructions. You also find tables of state and federal cases and statutes, rules and regulations.
The 2014 edition has been completely updated and reflects evolution and maturity of lender liability as an accepted, cited and well-litigated area of commercial and consumer litigation. As a body of law, it has evolved from traditional contract and tort theories, to include causes of action based in the Uniform Commercial Code; including the covenant of good faith and fair dealing.
A handy reference work, Lender Liability is ideal for either the experienced practitioner or the neophyte involved in representing an institution or client whose interests involve bank liability.
Topics Include:
- Author A. Barry Cappello offers an extended analysis of where and how lender liability problems arise
- Common law and statutory theories of liability
- Bankruptcy concerns
- Lawsuits against failing or failed financial institutions
“Lender Liability could not come at a more auspicious moment. 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, A. 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.”
– Michael Schill, Dean and Professor of Law, UCLA School of Law
When Lenders’ Requirements Tighten, Borrowers Should Consider These Options.- Commercial Investment Real Estate – By A. Barry Cappello
Investors soon may feel the effects of a cooling real estate market through subtle and not-so-subtle shifts in the way lenders view commercial real estate loans. The industry experienced strong surface growth last year: National overall vacancy rates fell to 14.7 percent at the end of the year and rents experienced the highest percentage increase in five years, according to Reis.com.
A. Barry Cappello
Mr. Cappello is Managing Partner of Cappello & Noël LLP of Santa Barbara, California. Mr. Cappello has obtained verdicts in excess of $300 million and settlements of over $1 billion. He has written over 100 articles on lender liability and trial strategy, and is a frequent speaker on these and other topics. Mr. Cappello served as a deputy attorney general in the Santa Barbara district attorney’s office, and city attorney of Santa Barbara before going into private practice in 1977. Mr. Cappello is listed in Best Lawyers in America, and speaks nationally on trial techniques in complex litigation.