Lender Liability

The attorneys of the Lender Liability Practice Group at Markus Williams & Young have decades of experience defending banks, savings and loan associations, credit unions, agricultural credit services institutions, private lenders, hedge funds, and other financial institutions in lender liability litigation.

How Can We Help?

Laboring under the mistaken belief that a strong offense creates a strong defense, borrowers typically initiate litigation against financial institutions after a default has occurred under their loan agreement. The Lender Liability team at Markus Williams & Young has successfully defended financial institutions from a vast array of claims asserted by borrowers in state, federal, and bankruptcy courts including:

  • Breach of contract
  • Breach of the implied covenant of good faith and fair dealing
  • Bad faith
  • Fraud
  • Misrepresentation
  • Negligent loan administration
  • Antitrust
  • Conversion
  • Tortious and/or fraudulent interference with business relations
  • Fraudulent transfers
  • Declaratory judgments
  • Intentional infliction of emotional distress
  • Matters related to Truth in Lending, Equal Credit Opportunity Act, Fair Debt Collection Practices Act, and environment laws.

Why Markus Williams & Young?

Our attorneys defended the lender in what was probably the most significant lender liability decision in Colorado in the past decade. In Premier Farm Credit, P.C.A. v. W-Cattle, LLC, a borrower asserted almost every single lender liability claim possible against the lender. Every claim was dismissed in a ruling that was upheld by the Colorado Court of Appeals in a published decision, 155 P.3d 504 (Colo.App. 2006), that is cited regularly by lenders across the state and the country in defense of lender liability claims.

Our success is attributable to our understanding of the lending business from cradle to grave. One half of the firm represents lenders in making loans while the other half of the firm is involved in all aspects of loan collection. Accordingly, we are able draft loan documents that protect financial institutions from borrowers’ claims long before those claims arise. The Bankruptcy and Restructuring practice group represents lenders in all aspects of loan collection, including loan workouts and restructuring, collection suits, receiverships, repossession of personal property collateral, real estate foreclosures, and bankruptcy, as well as lender liability defense. This expertise allows us to protect financial institutions from and against lender liability claims in all aspects of the lenders’ relationship with the borrower.

Attorneys Concentrating In Lender Liability