Traditionally, lenders have made great efforts to ensure that they did not take on the risks associates with ownership of their borrowers' real estate. Now, lenders are embracing land ownership to stay competitive in the marketplace.
"Lender liability results when lenders cross the line from being mere sources of capital for a business to being active participants in that business. For many years, the line was clear. As a result of the decision by the California Supreme Court in Connor v. Great Western Savings and Loan Association, 69 Cal. 2d 850 (1968), the line moved much closer to lenders and became blurred.
In Great Western, homeowners sought damages from the lender, Great Western Savings and Loan Association, for construction defects when the borrower, the developer of a real estate project, built homes with ill-designed foundations that could not withstand the expansion and contraction of adobe soil. The borrowers sought to hold Great Western liable on the grounds that its participation in the real estate development brought it into a joint venture with the developer. Under this joint venture theory, the lender would be held jointly and severally liable for any obligations that the developer might have to third parties, in this case the homeowners who had purchased homes from the developer. The court held that Great Western was so involved in day-to-day operations that it had transcended the line between lender and borrower, and thus was liable for, among other things, the tort liability and mechanics' lien liability of the developer."
FULL STORY: Real Estate Newsletter (Fall 2005, 9th Edition)

Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

Chicago’s Ghost Rails
Just beneath the surface of the modern city lie the remnants of its expansive early 20th-century streetcar system.

San Antonio and Austin are Fusing Into one Massive Megaregion
The region spanning the two central Texas cities is growing fast, posing challenges for local infrastructure and water supplies.

Since Zion's Shuttles Went Electric “The Smog is Gone”
Visitors to Zion National Park can enjoy the canyon via the nation’s first fully electric park shuttle system.

Trump Distributing DOT Safety Funds at 1/10 Rate of Biden
Funds for Safe Streets and other transportation safety and equity programs are being held up by administrative reviews and conflicts with the Trump administration’s priorities.

German Cities Subsidize Taxis for Women Amid Wave of Violence
Free or low-cost taxi rides can help women navigate cities more safely, but critics say the programs don't address the root causes of violence against women.
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
planning NEXT
Appalachian Highlands Housing Partners
Mpact (founded as Rail~Volution)
City of Camden Redevelopment Agency
City of Astoria
City of Portland
City of Laramie