Topics About Which A Lender Liability Expert Witness Can Testify

When a lender extends financing to a client, both parties expect each other to act in good faith. However, circumstances may arise that cause one or both parties to have contentious issues with each other. The only way to resolve these issues involves going to court and allowing a judge or jury to settle them.

When you want the judge or jury to side with your argument, you need to hire an expert lender liability advisor for your case. These topics are some things that a lender liability expert witness can testify about in court.

Fraud

A lender liability advisor can testify in court about whether or not fraud existed prior to or after the signing of a loan contract. He or she can advise the court about whether or not the borrower or lender deceived the other party before, during, or after the other party signed the contract. The witness can explain to the court what kind of fraud took place and what impact the fraud had on the victimized party's understanding of the transaction.

One example of fraud that can cause a contract to be declared legally void is deception about the principle that is borrowed or interest rate that is charged. The borrower can deceive the lender about what purpose the money is being used for. The lender can also deceive the borrower about the number of or amounts of payments.

Negligence

The lender liability expert witness can also testify in court about whether or not negligence took place in the transaction. Negligence causes one party to experience financial difficulties and fail to uphold their end of the contract.

Negligence can involve the bank not making itself available to accept payments, for example, thereby causing the borrower to accrue additional interest and penalties. Likewise, the borrower may forgo making timely payments, causing the lender to lose money that could be used to finance other clients.

Economic Duress

The lender liability advisor can tell the court if one party is experiencing genuine economic duress that can void the contract. He or she can verify that one party lacks the money to either pay back or extend the money to the other. This information can convince the jury or judge to decide in the claimant's favor.

These topics are some that a lender liability advisor can testify about in court. Your lender liability expert witness can secure the judge or jury's favor.


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