Asset Conservation, Lender Liability and Deposit Insurance Act of 1996
Asset Conservation, Lender Liability and Deposit Insurance Act of 1996
An amendment to the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) made in response to mortgage lender anxiety regarding statutory language that might make lenders liable for cleanup of contaminated sites, simply by virtue of their mortgage interest or as the result of a foreclosure.The amendments protect lenders from liability,preforeclosure,unless they participated in the contamination. It also shields them after a foreclosure, but only if they sell the property at the earliest practicable, commercially reasonable, time.