Lender liability law protects the borrower, and mandates that financial institution lenders treat borrowers fairly. Lender liability encompasses breach of contract, fraud, conflicts of interest, misrepresentation, inappropriate control, failure to fund commitment, and other unprofessional lender activity. A lender liability expert witness typically has a background in commercial banking and commercial lending, real estate lending, foreclosure, forensic accounting, and/or mortgage banking. Cahn Litigation Services is the expert witness placement service provider of choice by law firm clients to locate expert witnesses that can support banking and financial services matters, including cases involving lender liability.
Representative matters that call for an expert in lender liability involve legal issues pertaining to:
Representing the plaintiff or defendant, litigation support work by a banking expert witness could include document review, an expert report, expert opinion, deposition testimony, and/or courtroom testimony. In a high-profile case, or litigation involving a significant financial stake, legal counsel may request an expert with prior expert testimony experience. In addition, clients may seek a banking industry expert or financial advisor for pre-litigation consulting services.
While many experts have expertise in banking, loan, and lender liability issues, an expert witness carries the additional responsibility of providing testimony before the court in a manner whereby lay people can understand the litigation matters and evidence.
Please Note: All Cahn Litigation expert witness searches are customized to attorneys' precise specifications and preferences. Attorneys are encouraged to discuss search parameters with a Cahn search specialist.
The below expert witness bios represent a small fraction of those Lender Liability experts known by Cahn Litigation Services. These bios are provided to give attorneys a sense of the Lender Liability landscape.
This expert is an active lender with many years of experience in Banking, Finance, and Real Estate Lending, and is experienced in Trial and Deposition Testimony. This expert was in the commercial banking industry for many years before leaving to form a commercial Real Estate lending company. This firm is a licensed Finance Lender and Bureau of Real Estate Broker. The company provides services to banks, non-banks, and individuals in need of creative financing solutions.
With many years of experience in banking and real estate, this expert's market knowledge and transactional experience has allowed this expert to work in a consulting and expert witness capacity for many clients over the years. This expert has transacted hundreds of real estate and non-real estate loan negotiations in times of economic growth as well as downturns in the economy. This expert's extensive credit background arms this expert with the understanding of how banks and other lenders operate internally.
This expert is a licensed Real Estate Broker and the firm is a Finance Lender and Broker. This expert's areas of expertise include:
This expert has been providing expert witness and consulting services. This expert has been designated over 65 times as an expert in 7 different states concerning matters relating to lending, real estate, construction finance, SBA lending, brokerage, hard money lending and investment issues. This expert's experience includes both Federal and State court cases where he has provided deposition testimony, trial testimony and arbitration testimony.
This expert brings to the table many years of transactional, public and private commercial and real estate finance, legal and bank consulting experience. This expert currently provides a range of financial services to financial institutions, borrowers and domestic and foreign private and institutional investors in connection with risk management, structuring, placing and conducting due diligence in commercial and real estate financing transactions. This expert serves as an expert witness and provides litigation support in cases involving contract disputes and complex public and commercial finance matters involving legal malpractice, credit facilities and debtor and creditor rights.
Based upon experience representing banks, finance companies, borrowers, purchasers and sellers and public entities in conventional and innovative financings, this expert provides select litigation support and expert services in contract disputes, commercial and residential real estate, lender liability, legal malpractice, public finance, complex lending and credit facilities, and financial fraud cases. This expert's experience spans many years of due diligence, structuring, closing and restructuring public and commercial financial transactions on behalf of lenders; county, state and federal authorities and issuers; underwriters; finance companies; private equity and hedge fund investors; and borrowers.
This expert has provided legal, advisory and consulting services to companies, financial institutions, state banking regulators and the federal government in emerging credit risk management techniques, developing "best practice" underwriting and due diligence guidelines and oversight procedures, bank mergers and acquisitions, special assets and work-outs, and developing regulatory compliant commercial lending policies, processes and procedures to meet financial crisis concerns and emerging laws and regulations.
This expert has served as an expert in cases involving lender liability, legal malpractice, mergers and acquisitions, complex public and commercial lending and leasing transactions, Whole Bank Acquisitions and Shared-Loss matters, fraud and gross negligence, creditor's rights, bankruptcy, and other matters requiring niche lending and contract expertise. Three of these cases were nationally recognized and several were cases of first impression.
This expert has also acted as an interim executive of several companies involved in turn-arounds including a real estate development company. This expert has assisted a number of companies financing efforts offshore and domestically including the capital raising efforts of approved EB5 Regional centers.
This expert has practiced law for many years for a number of law firms.
This expert has been a member of the National Association of Industrial and Office Parks, Turn Around Management Association, Association of Commercial Finance Attorneys, NAIOP Commercial Real Estate Development Association, Commercial Finance Association, Association of Corporate Growth, Risk Management Association, a State Bankers Association, and a Development Counsel.
This expert has lectured and taught on a variety of topics, including lender liability; cross-border transactions; Sarbanes Oxley/FASB; Equipment Leasing; Factoring; Asset Based Lending; Ship Mortgages and finance; real estate development, special assets and creditors' rights; commercial loan documentation; and credit risk management in commercial loan portfolios and shared-loss compliance.
This expert is a rare combination of an expert who has substantial experience as a top executive on both sides of the commercial lending transaction. This expert has been a commercial banking consultant concentrating on issues involving lending, mergers & acquisitions and other complex transactions for banks and private equity companies. This expert's commercial realty experience provided the lending/financing experience in large multi-family development projects in 15 states. This expert's expertise in the lending field gave the express knowledge of when to renegotiate loans, and when to forgo the process. This expert's business acumen has opened the door to a number of business opportunities in the commercial sector, but banking, lending and loan syndication experience comprise the bulk of this expert's professional experience. This expert presents well, is well written, and speaks eloquently.
This expert has many years' experience with financial institutions, and specifically with the lending, underwriting, and refinancing of real estate transactions. This expert has been designated as an expert witness in over eighty matters and has extensive experience in drafting expert reports for both state and federal litigation matters. This expert's skill as an expert witness brings to bear experience as a Bank President, the CEO of a mortgage brokerage, and Vice President and Chief Lending Officer at more than one lending institution. This expert understands the complexities of financing and refinancing and has had direct responsibility for lending and its ancillary evaluation tasks.
This expert is a broadly experienced banking executive, lender and attorney who has served for many years in lending and top management positions at both regional and larger commercial banks. This expert has substantial background in a wide range of business, corporate, asset-based lending in diverse markets in the western, central and southwestern United States, as well as loan syndications/participations and problem loans.
This expert's career has included senior management and lending at both major banks and smaller community banking organizations, and in recent years has been President, CEO and Director at several commercial banks. This has included positions in management and growth of niche banks focused on business lending and commercial real estate finance, as the founding CEO of a successful de-novo bank, and as a turnaround executive at troubled institutions.
This expert has also served as a bank's in-house Legal Counsel and as an attorney in private practice focused on banking, lending, regulatory and commercial business. This expert has been retained as an expert and litigation consultant in a variety of cases; on banking matters; he has qualified and testified as an expert witness on lending practices, corporate finance, and commercial real estate.
This expert has been personally engaged as an expert in over 100 matters, and has testified in State Court, before Juries and in Arbitration.
This expert has focused on real estate lending for many years. This expert owns and runs a property management, realty development and lending company.
This expert is a seasoned professional in the banking/lending consulting and expert witness arena. This expert has been retained in over 80 matters, in both Federal and State courts, and has worked equally for Plaintiff and Defense. This expert understands the art of testimony and knows that effective presentation can be equally as important as raw industry knowledge. This expert has many years' experience as a banking executive prior to serving as an independent consultant and expert witness. This expert's experience is as a Bank President, Branch President, and VP of Commercial Loans. This expert also performed as Regional Underwriter and Commercial Loan Officer giving depth of experience in financing and the various complexities and elements of the approval equation. This expert presents well and speaks plainly, making the complex transactions of lending understandable to the lay public.
Collectively, this expert's experiences include direct lending of approximately $500 million to businesses and commercial real estate ventures, and credit review and approval of approximately $1.5 billion. During this expert's many years of education and professional experience in complex business and financial matters, this expert has developed broad experience and expertise in commercial finance, insolvency, real estate, real estate finance and valuation. This expert's experiences encompass business and project evaluation, damage claims/ lost profits, debt and equity structuring, feasibility analysis, financial analysis, investment management, lending and leasing, and valuation. This expert is also a nationally recognized expert in the areas of bankruptcy, financial restructuring, insolvency and workouts and is designated as a Certified Insolvency and Restructuring Advisor by the Association of Insolvency and Restructuring Advisors. This author is well published and is established as an authority in the field through speaking and publishing.
This expert became an expert witness many years ago testifying in both State and Federal courts on mortgage fraud, the loan process, the role and duties of borrower, loan originator, processor, appraiser, underwriter, document drawer, funder, escrow officer, title officer and county recorder. As a fraud expert this expert has presented before the FBI, DA, DRE and insurance investigators at the white-collar crime fraud prevention task force. This expert is a licensed DRE Broker and has a NMLS designation. This expert has been in the mortgage and lending business for many years and has worked in both the corporate and personal arenas.
This expert is President and Founder of a highly successful consultancy specializing in due diligence investigation and has analyzed many illiquid, Level 3 hedge fund strategies. This expert has also reviewed dozens of smaller, level 3 strategies including real estate lending, PIPES, trade finance, and trade credits. This expert is an expert at determining what reasonable due diligence standards are for assessing illiquid hedge fund strategies.