Environmental Exposures and Lender Concerns

CERCLA Secured Creditor Exemption (Cont.) Environmental Protection Agency ("EPA") Lender Liability Rule issued in 1992 and codified into law with the Asset Conservation, Lender Liability, and Deposit Insurance Act of 1996 defines acceptable bank actions without incurring liability for CERCLA The EPA Rule distinguishes between actions taken to protect a security interest and acts of ownership. It identifies four stages of lender involvement in a loan: Inception Monitoring Workout Foreclosure 52

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