4 edition of Environmental lender liability issues found in the catalog.
by U.S. G.P.O., For sale by the U.S. G.P.O., Supt. of Docs., Congressional Sales Office in Washington
Written in English
Includes bibliographical references.
|Series||S. hrg. ;, 102-152|
|LC Classifications||KF26 .B39 1991m|
|The Physical Object|
|Pagination||iii, 332 p. :|
|Number of Pages||332|
|LC Control Number||92600310|
commentators asked the Environmental Protection Agency (EPA) to exempt trustees from potential personal liability. The EPA refused b. City of Phoenix v. Garbage Services Co City of Phoenix brought the issue of trustee personal liability to a head by imposing personal liability on a bank trustee for. CERCLA Lender Liability Exclusion. Banks are immune from direct environmental liability for properties on which they have made loans provided they follow a set of guidelines as outlined in the reauthorization of CERCLA (Comprehensive Environmental Response Compensation and Liability Act). Prior to this legislation it was not uncommon for lenders to be viewed as a “deep pocket” and end.
And about that year, the term “Environmental Lender Liability” entered banking vocabulary, along with “Phase 1 ESA reports” and “environmental indemnities.” For those who have not tracked this subject regularly in the past 25 years, there are plenty of tips that can help lenders “stay safe,” especially when they workout or take. UNEP Inquiry/FGV 5 Lenders and Investors Environmental Liability 1 Lender Environmental Liability: an introduction Over the past two and half decades, the role of financial institutions in promoting sustainable development has emerged as a key focus of debate. Lender File Size: KB.
Representation of financial institutions in lender liability issues Counseling of public companies in SEC disclosure issues Through case work, prior work experience and professional associations, we have established relationships with state and federal regulators and legislators, as well as with peers and technical consultants in the. Lender Liability Law and Litigation is a reference guide for lenders and borrowers on the theory and practice of lender liability law. Topics addressed include excessive control of the borrower's business and how to avoid it, federal tax liability, "bad faith" actions, environmental liability concerns, lender's actions which may give rise to a.
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Lenders and Environmental Liability Unknown environmental problems are a far greater source of loss to lenders than fire, vandalism, theft, or title risks. This article examines the importance of environmental liability for all financial institutions and investors that hold or invest in loans where real estate is used as collateral.
Sources of Liability for Environmental Contamination and Lender Protections The federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) imposes broad liability on owners and operators of a facility at which hazardous substances were disposed of, persons who transported hazardous waste to the facility, or.
Additional Physical Format: Online version: Smith, Owen T. Environmental lender liability. New York: Wiley Law Publications, © (OCoLC) Lender Liability Law and Litigation.
Chap “Lender Liability Issues Related to Subprime Lending” addresses special considerations for lenders that engage in subprime lending activities related to mortgages, credit cards, payday advances and title loans.
CHAPTER 12 Lender Environmental Liability Concerns CHAPTER 13 "Fair. Lenders often confront liability concerns when dealing with foreclosure options on an environmentally contaminated property in which the lender holds a security interest. Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the EPA can require liable parties to conduct cleanup activities or the EPA itself can conduct the cleanup activities.
Fact Sheet: Updated Questions and Answers on the CERCLA Lender Liability Exemption Updated fact sheet highlights the main rules and EPA policy governing the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund) environmental liability for secured creditors for the cleanup of.
"Schnapf does a great job of guiding the novice through hazardous terrain." - Bi-monthly Review of Law Books. "The text covers practically any transaction that could be affected by environmental laws and provides the reader with a comprehensive overview to resolving problems, spotting issues, and avoiding future liability under the environmental laws affecting these transactions.".
Get this from a library. Environmental lender liability issues: hearing before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Second Congress, first session J [United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs.].
Buyers, sellers, borrowers, and lenders frequently misperceive environmental liability risk in commercial real estate acquisitions and financings. These misperceptions make it difficult to identify, quantify and apportion environmental risk appropriately between parties to a transaction.
The purpose of this Technical Continue reading →. environmental liability for secured creditors for the cleanup of contaminated property. The following questions and answers focus on conditional liability protections from “owner or operator” liability under CERCLA.
This document supersedes the April “CERCLA. Gavin v. Sovereign Bank, No. DPW, WLat 5 (D. Mass. J ).
The bank insisted that the borrower hire a specific individual, who was the consultant of a competing company, to oversee the accounting department and also have the final approval toFile Size: KB. Lender Liability [James O'Donovan] on *FREE* shipping on qualifying offers.
Lender Liability addresses the liability and risk issues that arise at each successive stage of the relationship between lenders and borrowers or guarantors.
It adopts a practical. Become environmentally literate and improve your financial decision-making outcomes with A Lender's Guide to Environmental Liability Management.
This extremely useful and practical book will save you worry, time, and money. Enter your mobile number or email address below and we'll send you a link to download the free Kindle App.
Cited by: 5. • Examination of the permitting systems, EPA review programs, licensing, and other key EPA procedural issues. This title also covers: • Reporting and record-keeping requirements • New judicial rulings on state laws that favor the use of in-state resources • Lender liability issues.
The two preceding issues of this journal have offered two excellent articles that address important aspects of lender liability environmental insurance. In the Autumn issue, Michelle Schroeder of Zurich thoroughly analysed the lender's environmental legal liability as well as coverage for that liability afforded by the new lender policies.
Environmental liability exemption for lenders and representatives Lending institutions and representatives may involuntarily acquire contaminated properties through normal business practices.
This can occur when the lender or representative comes into possession of a contaminated property in an unexpected manner, such as foreclosure.
This comprehensive book begins with a consideration of the nature of the general banker-customer relationship, the obligations it poses and the issues relating to the commencement of the banking relationship.
It provides individuals and companies with valuable guidance when assessing the risks in their relationship with banks, and vice versa.
LENDER LIABILITY UNDER CERCLA ENVIRONMENTAL RISKS FOR LENDERS UNDER SUPERFUND: A REFRESHER FOR THE ECONOMIC DOWNTURN By Matthew H.
Ahrens* and David S. Langer** Given the current economic environment, commercial lenders should be prepared to address loans that are either in default or mayFile Size: KB.
expansive lender liability theories and even reversed high-profile judgments from previous years.3 Despite this curtailment, lender liability cases experienced a resurgence starting in the mids, due in part to the explosive growth of the second-lien market and more companies carrying debt loads swollen by cheap, easy money.
The Expanding Role of Environmental Insurance in Lending Transactions. Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on. Doeker, G. Gehring, T.
‘Private or International Liability for Transnational Environmental Damage – The Precedent of Conventional Liability Regimes’ Journal of Environmental Law 1 Rosas, A. ‘Issues of State Liability for Transboundary Environmental Damage’ Nordic Journal of International Law 5 –Lender misrepresented loan status by failing to acknowledge mistake and represent a speedy closing was possible –Lender’s action in mishandling the loan caused sale contract to expire –Any other lender liability issues?
Risks for Lender? Actual and consequential damages? Lapse of contract? Increased price? Increased costs? Legal fees?An Introduction to Environmental Liabilities and How to Use This Book What Are the Types of Environmental Liabilities?
How to Use This Book Environmental Law and the Lender Liability for Soil and Groundwater Contamination Other Environmental Liabilities (Clean Water Act, Endangered Species Act, Clean Air Act, Occupational Safety and Health Act) The Future of Federal Environmental Laws A .