Legal Question in Civil Litigation in New York

If a bank intentionally breaks a law can they be sued for damages

If a bank knowingly charges a excessive fee with the intent of making the consumer unable to pay, and defults accure because of this , can that bank be held responsible for damages?


Asked on 3/04/98, 7:24 am

1 Answer from Attorneys

Patrick Begos Begos & Horgan, LLP

The answer is yes

There is a field of law generally referred to as lender liability, which covers a variety of different types of improper activities by lenders. This would generally include intentionally taking affirmative action to put a current loan into default.

Obviously, many more facts need to be developed before anyone could give any realisitic advice about whether you have a claim.

A BIG caution here. Proving the intent can be very, very difficult. Is there a specific reason why you believe the bank wanted your loan in default? Did anyone say anything to you to convince you that the excessive fee was not just an oversight? On what basis do you conclude the fee was excessive? (against the law? violates the loan agreement? or something else?)

Lender liability claims are not easy, but, if the bank's conduct is malicious enough, a claim can often be made.

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Answered on 3/05/98, 11:57 am


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