Lender liability laws protect borrowers from the bad faith actions of banks, lenders, and mortgage companies.  Lenders have an obligation to act in good faith and treat their borrowers fairly. When financial institutions fail to do this, borrowers are entitled to file a civil lawsuit to hold them accountable.  If a lender sues a borrower to recover a loan or to foreclose on a mortgage, the borrower may be entitled to assert counterclaims against the lender.  There are various grounds for lender liability including, for example, causes of action under State Law for breach of contract, fraud and misrepresentation, breach of the implied covenant of good faith and fair dealing and under Federal Law for violations of the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA). Banks are specifically required to act in good faith in connection with loan modification applications at the mandatory Foreclosure Settlement Conferences in the New York Supreme Court. If you’ve suffered a significant financial loss as the result of a lender’s bad-faith conduct, you should discuss this with a qualified commercial litigation attorney. 

Lanin Law P.C. represents individuals and businesses who have had problems with lenders. We have extensive experience fighting lenders. Our managing attorney was formerly outside counsel to many banks.  We have seen these types of cases from both sides of the table and can understand both the borrower’s and the lender’s perspective.  Recently, we have taken on a new case to represent a real estate developer of a $14 million project in Albany, New York, against it’s lender.   Please read the news article about this case.