- Lender Liability
- Depository Standard of Care
- Lender Standard of Care
- Check Fraud and Scams
- Fidelity Bond Claim
- Failed Bank Analysis
Mr. Finn has been retained in over 75 litigation engagements as a banking expert. He has qualified as an expert in many state and Federal jurisdictions, on a myriad of banking topics. Please contact our office for a copy of his current CV.
Litigation Bank Defense —
- A bank was sued because the owner of a mobile home and the vendor of that mobile home had a disagreement about repairs; nothing to do with the financial terms between the debtor and creditor. We prepared a report analyzing the credit relationship that lead to prompt settlement.
- A bank was sued after spending over a year counseling and working with a default borrower. We prepared a report analyzing the credit relationship that lead to prompt settlement.
- A bank was sued for lender liability issues relating to a large development construction loan. We conducted an investigation and determined the borrower submitted fraudulent draw requests and other financial information. The claim was dismissed.
We believe that banks should collect the loans they make, when they act commercially reasonable. We believe that banks should be entitled to recovery and should not be subject to false claims from the customers they assist day in and day out. When banks operate in a commercially reasonable manner, they should be afforded protection from assertions of improper conduct.
Litigation Plaintiff Assistance —
- A company was sued and property repossessed for being in default on a loan agreement. We analyzed the credit transaction and determined that the bank had caused the default.
- A bank recommended a young couple switch home builders, then advanced construction draws while inspecting the wrong project. The couple ended up with 50% of a home and 100% of the debt. We prepared a report about industry standards of construction lending, and the bank settled.
- A borrower was provided a faulty note, the terms of which were mathematically wrong, and he was sued for failure to comply with improper terms. We conducted an analysis of the transaction, prepared a report noting the errors, and the bank offered an equitable settlement.
- A borrower was provided a home loan on a condominium that was not legally inhabitable, and was sued for failure to make payments on a home she could not occupy. The bank had hastened to make the improper loan due to poor financial condition of the builder/seller on which the bank had the construction loan. We prepared a report outlining industry standards for residential lending, and the bank offered an equitable settlement.
Our approach to accepting Lender Liability cases against financial institutions is that the client must demonstrate to us, in a clear fashion, that the bank stepped outside the bounds of commercial reasonableness. We believe that banks have a duty to be commercially reasonable, and if they clearly fail to meet that standard, they should be held accountable. We also believe that banks can make mistakes, and that when they do, they need to own up to those mistakes, make the customer whole, and move on.