Lender Liability: Are Lender-Borrower Relationships Really Arm's Length Transactions, Without Any Heightened or Fiduciary Duties?

By January 30, 2013

By Philippe Lieberman Over the last two or three years, I have encountered scenarios where the traditional rule – that a relationship between a lender and borrower is an arm’s length transaction – is called into question and creates potential lender liability. 1) As real estate development in Florida has …