Commercial, Property and Private Client Lending Expert Witness

Lending Expert Witness

Litigation relating to lending by banks has increased significantly recently as a result of the large amount of lending taking place during the years prior to 2007. Businesses and individuals are sometimes suffering the effects of not being able to service loans where they entered into a fixed rate agreement or having sufficient collateral to cover the requirements of the bank.

At Expert Evidence we have previously provided witness evidence in many cases involving lending, foreclosure and interest rate hedging products. We also have experience dealing with multi-currency loans and mortgages.

Commercial Loans

Companies frequently use banking finance as a means of financing the business working capital or asset purchases. In some cases businesses are acquired through borrowing from a bank. There are many different forms of borrowing from the usual forms of overdrafts or term loans to factoring and invoice discounting. The loans can be secured on specific assets or on floating charge. We have substantial experience in all forms of lending arrangements

Property Loans

The credit crunch of 2008 has had a significant effect on the property market with the reduction of values and also a much more restrictive approach to the provision of credit. In a bull market many of the problems and lower controls by financing institutions are absorbed by the ability to trade out of a situation at a profit. However in recent years, the bear market, particularly in commercial property, has resulted in any requirement to sell leading to a realised loss.

At Expert Evidence we have significant experience in dealing with many of the cases that have been brought to the courts dealing with property lending and the mortgage market. Lenders have sought redress from valuers and solicitors where property lending has gone into default and we have provided advice and evidence in a multitude of situations. Most importantly we have advised both lending institutions, whether they be banks, building societies and specialist lenders as well as the valuers and solicitors who were involved in the transactions. In many cases the latter are represented by their Professional Indemnity insurers and we have accepted instructions where actions are brought by them on behalf of their insured parties.

Private Lending and Credit Card Loans

Private individuals will often seek to borrow from a bank or building society to be able to afford goods or services prior to having the assets available or to avoid needing to realise assets that they already own. This may be a property or a portfolio of assets. It may be because they have assets in one part of the world but not where they want them or it may be to avoid exposure to specific currencies. Banks are frequently pleased to offer borrowing facilities to their customers on a secured basis but if the value of the collateral is brought into question then a bank may act to secure their position. This can cause serious loss to be realised by the bank or to the customer. Whichever is the case it can be the cause of litigation to recover assets.

Credit cards are also a frequently used means of borrowing and many people use them as a source of finance when they need it. Recovery of assets and action of the credit card companies is governed by the Consumer Credit Act which governs many aspects of the relationship between the institution and the customer.

Article on Buy-to-Let Property Lending..

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