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- videocam Live Webinar with Live Q&A
- calendar_month June 9, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Real Property - Finance
- schedule 90 minutes
Lender Liability in Real Estate Finance: Origination, Administration, Modification, Bankruptcy Considerations
Lessons From Recent Litigation; Best Practices for Minimizing Claims
Welcome to BARBRI, the trusted global leader in legal education. Continue to access the same expert-led Strafford CLE and CPE webinars you know and value. Plus, explore professional skills courses and more.
About the Course
Introduction
This CLE webinar will analyze the most common types of lender liability claims, discuss how they are being asserted in various phases of the lending cycle, and explain lessons learned from recent financial litigation. The panel will outline best practices to minimize and avoid the risk of lender liability claims.
Description
Lender liability issues can arise at any stage in the loan cycle. Breach of contract claims may arise from lenders' refusal to advance funds, failure to provide new financing, or alleged breach of loan commitments. Tort claims range from constructive fraud based on fiduciary duty to duress or tortious interference.
Loan documentation should be drafted in anticipation of potential lender liability claims, with jury waiver, arbitration, statute of limitations, damages, and attorneys' fees language drafted with the lender's needs in mind. All borrower and guarantor communications and demands should be clearly expressed in writing and made in compliance with loan documents throughout loan administration. In a default scenario, the lender should avoid the appearance of improper control over the borrower and avoid becoming a mortgagee in possession through the appointment of a receiver.
Listen as our authoritative panel of practitioners reviews various theories of lender liability, including a litigator's perspective on these cases. The panel will offer best practices for handling loan origination and administration, as well as workouts, modifications, and defaults while minimizing lender liability claims.
Presented By
Mr. Goldstein specializes in resolving complex business disputes for a diverse cross-section of clients, which include “private money” lenders/brokers/servicers, insureds, mortgage servicers, banks, credit unions, foreclosure trustees, investors, trade secret owners, individuals which own real property and general contractors. He is a Partner at Buchalter who primarily practices out of Buchalter’s Irvine and Los Angeles offices – but his practice is statewide (and sometimes nationwide). Mr. Goldstein is a Co-Chairman of Buchalter’s Title Insurance and Escrow Group, a fellow of the American College of Mortgage Attorneys (“ACMA”), an ACMA Title Insurance Committee member, and former President of the Orange County Bar Association Insurance Law section.
Mr. Hosack is a Partner in the Firm’s Los Angeles office and Co-Chair of Buchalter’s Title Insurance & Escrow Industry Group. He represents secured lenders and property owners at trial and on appeal in complex real property disputes, including lender liability, fraud, class actions, breaches of contract, wrongful foreclosures, mechanic’s liens, stop notices, judicial foreclosures, receiverships, escrow claims and title insurance claims. Mr. Hosack transactional practice includes commercial real property loan documentation, loan workouts, REO sales and foreclosures. Mr. Hosack, who is AV Preeminent rated by Martindale Hubbell, has been selected as one of Southern California’s Super Lawyers from 2006 to 2024 and was also selected as a Southern California Super Lawyer, Corporate Counsel Edition from 2009 to 2024. He has also been selected by Who’s Who Legal USA from 2002 to 2024 as “one of the USA’s leading practitioners” in the field of real estate.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, June 9, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Phases of the loan cycle where liability may arise
A. Advertising
B. Conduct and code of ethics standards
C. Underwriting
D. Predatory lending and loan-to-own
E. Conflicts of interest
F. Origination and documentation
G. Payment structure practices
H. Know your customer
I. Syndication/participation
J. Loan administration
K. Restructuring of defaulted loans
L. Foreclosure
M. Bankruptcy
II. Theories of lender liability
A. Breach of contract
B. Fraud, duress, and misrepresentation
C. Negligence
D. Infliction of emotional distress
E. Violation of statutory duties
F. Breach of fiduciary duty
G. Improper control of the borrower
H. Covenants of good faith and fair dealing: breach standards
The panel will review these and other key issues:
- What are the common mistakes lenders make at origination, in loan administration, or in loan workouts that can lead to lender liability claims?
- What theories of lender liability are most often asserted by borrowers after a loan default?
- What theories of lender liability are asserted by junior or participating lenders against senior lenders?
- How are lender liability claims being asserted in bankruptcy, and what steps can lenders take to survive a challenge in bankruptcy?
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