Lender Liability Expert Witnesses

Lender liability results from the conduct of a lender in a loan relationship with a borrower, where claims typically arise from violation of a duty of good faith and fair dealing or assumption of inordinate control over the borrower. Experts may testify about customary lending practices; refusal to honor a loan commitment; failure to fund a loan; failure to renew; wrongful foreclosure; sale of collateral at below-market prices; interference with borrower’s business, properties, or contractual relations with third parties; lender fraud; economic duress; conflicts of interest; wrongful setoff; violation of a course of conduct; and special and fiduciary relationships.