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Have Experience on Your Side When Filing Liability Claims

Under the main umbrella of lender liability, lenders are required to treat borrowers fairly. Today, it's not only borrowers who are filing suit against lenders. Regulators are also under increasing pressure to make sure there is a level playing field in the market. Additionally, financial guarantors and even bankruptcy trustees are intervening to protect borrowers. Our attorneys examine some of the common reasons for liability claims below.

Breach of Contract

A mortgage agreement, although sophisticated, is still a contract. Just like a will or trust, the contract's terms are enforceable, primary of which is the damage clause. Borrowers may ask for the costs associated with loans, lost profits, and perhaps even losses associated with missed opportunities.

Business Deal


As with any contract, if one party was fraudulently induced to enter into the agreement, the entire contract may be declared void. An attorney may be able to help prove your case.

Breach of Fiduciary Duty

When one has a special duty of care, as may be the case with mortgage lenders, a breach of that duty has more severe penalties. The legal issue at large is whether the transaction was conducted at arm's length, and therefore, the relation is not that of a fiduciary. In addition, we will examine whether the lender also acted as a financial adviser, in which case, they may have well taken on fiduciary duties.

Consult Our Attorneys

Of you believe you were the victim of a fraud, breached contract, or another vice by a lender; consult the consumer protection attorneys at Gruber, Schwartz & Posnock, LLP in Newark, New Jersey.