Lender Liability Overview Back to "Issues with Home Repair Lending Lender liability is made up of a body of common and statutory law covering a broad spectrum of claims. Claims may arise under the following areas: 1. Breach of Contract Breach of commitment to fund or renew loans Oral commitments Good faith and fair dealing 2. Duress 3. Bad faith 4. Breach of fiduciary duty 5. Fraud and misrepresentation 6. Negligent loan processing and administration 7. Interference Interference with contractual affairs Interference with corporate governance 8. Equitable subordination in a bankruptcy case 9. Fraudulent transfers 10. Preferential tranfers 11. Fair Labor Standards Act 12. Equal Credit Opportunity Act 13. Antitrust laws 14. Anti-tying 15. Environmental Laws Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") Resource Conservation and Recovery Act Undergroud storage tanks Trustee and fiduciary liability State super-lien laws 16. RICO 17. Withholding taxes 18. Securities laws 19. Bank Secrecy Act 20. Director and Officer liability to state and federal regulators