Cleveland, Ohio
Lender Liability Attorney

When you’re facing a lender liability dispute, you need an attorney who understands this area of law and has the experience to protect your rights. At Cavell Law, our team has been representing clients in Cleveland, Ohio, and throughout the state in lender liability matters for years.

We know how stressful and overwhelming these situations can be, and we’re here to walk you through the legal process and find the best possible solution.

What is Lender Liability Law?

Lender liability law involves the legal principles and rules that hold banks, credit unions, and other financial institutions accountable for their actions when dealing with borrowers. This can include claims like breach of contract, breach of fiduciary duty, and failure to act in good faith.

In Ohio, lender liability claims are governed by a mix of common law principles and statutory provisions. For example, Ohio Revised Code Chapter 1109 sets out the duties and obligations of banks and savings and loan associations, while the Ohio Uniform Commercial Code (UCC) Article 9 deals with secured transactions and the rights of lenders and borrowers.

Our experienced Ohio lender liability attorney stays up-to-date on the latest developments in this area of law so we can provide our clients with informed, effective representation.

Our Lender Liability Litigation Services

At Cavell Law, we represent both lenders and borrowers in a wide range of lender liability disputes, including:

• Breach of loan agreements and covenants
• Wrongful foreclosure and loan acceleration
• Fraudulent or negligent misrepresentation
• Violation of state and federal lending laws, like the Truth in Lending Act (TILA) and the Real Estate Settlement
• Procedures Act (RESPA)
• Breach of fiduciary duty and self-dealing
• Tortious interference with business relationships
• Lender liability claims in bankruptcy proceedings

We’ve handled cases in state and federal courts across Ohio, and we know how to build strong, persuasive arguments to support our clients’ positions. Whether you’re a lender facing a claim from a borrower or a borrower who’s been treated unfairly by a bank, we have the skills and experience to help.

Why Choose Our Firm for Your Lender Liability Matter?

When you work with Cavell Law on your lender liability case, you can expect:

• A deep understanding of Ohio lender liability law and the banking industry
• A proven track record of success in complex financial litigation
• Personalized attention and responsive communication throughout your case
• A strategic, cost-effective approach tailored to your specific needs and goals
• A commitment to achieving the best possible outcome, whether through settlement or trial

We know that every lender liability case is unique, and we take the time to listen to your story, answer your questions, and develop a customized legal strategy to fit your situation.

Our Approach to Lender Liability Litigation

Our attorney approaches each lender liability case with a focus on thorough preparation, strategic thinking, and strong advocacy. We start by conducting a detailed analysis of the relevant loan documents, communications, and other evidence to identify key issues and potential arguments.

From there, we develop a comprehensive litigation plan aimed at achieving your goals in the most effective and efficient way possible. This might involve:

• Filing targeted motions to dismiss weak claims or narrow the scope of the case
• Conducting thorough discovery to gather valuable evidence and testimony
• Working with expert witnesses to support our arguments on liability and damages
• Engaging in skilled negotiation and mediation to explore the possibility of a favorable settlement
• Preparing for trial and presenting a compelling case to the judge or jury
• Leveraging our appellate experience to defend favorable results or challenge adverse rulings

At every stage of the process, we keep our clients informed and involved, making sure you understand your options and have the information you need to make sound decisions.

Frequently Asked Questions

What is lender liability law?

Lender liability law is an area of legal practice that deals with the responsibilities and obligations of banks, credit unions, and other financial institutions in their dealings with borrowers. It encompasses a wide range of legal theories and principles, including breach of contract, breach of fiduciary duty, fraud, and violation of state and federal lending laws.

What is an example of a lender liability claim?

One common example of a lender liability claim is wrongful foreclosure. This can occur when a lender initiates foreclosure proceedings against a borrower without proper justification or in violation of the terms of the loan agreement.

For instance, if a lender forecloses on a property without providing the required notices or opportunities for the borrower to cure the default, the borrower may have a claim for wrongful foreclosure under Ohio law.

What is lender misconduct?

Lender misconduct refers to any action or omission by a lender that violates the rights of a borrower or fails to meet the standards of fair and responsible lending practices. Some common examples of lender misconduct include:

• Misrepresenting the terms or costs of a loan
• Failing to provide required disclosures or notices
• Charging excessive or unauthorized fees
• Refusing to accept payments or credit them properly
• Engaging in unfair or deceptive debt collection practices
• Breaching the confidentiality of borrower information
• Discriminating against borrowers on the basis of race, gender, age, or other protected characteristics

Lender misconduct can cause significant harm to borrowers, including financial losses, damage to credit, and even the loss of their homes or businesses. Lender liability laws provide a means for borrowers to hold lenders accountable and seek compensation for the damages caused by misconduct.

Can a lender sue a borrower?

Yes, lenders can sue borrowers in certain circumstances. The most common reason for a lender to sue a borrower is default on a loan agreement. If a borrower fails to make payments as required by the terms of the loan, the lender may have the right to file a lawsuit to recover the outstanding debt.

Lenders may also sue borrowers for other breaches of the loan agreement, such as failing to maintain insurance on a mortgaged property or transferring ownership of collateral without the lender’s consent.

Contact Our Cleveland, Ohio Lender Liability Attorney

If you’re dealing with a lender liability dispute in Cleveland or anywhere in Ohio, the team at Cavell Law is here to help. We offer confidential consultations to discuss your case and explore how we can assist you in protecting your rights and interests.

To schedule a meeting with our lender liability attorney, please call our office or schedule a consultation online. We look forward to learning more about your situation and discussing how we can help you move forward.