Understanding Lender’s Right to Recover Attorney Fees Under California Law


After successfully defending litigation brought by the borrower, lenders have traditionally been able to move for a judgment of attorneys’ fees against the borrower. Two recent decisions by the California Court of Appeals severely restrict this practice, limiting the lender’s ability to recover attorney’s fees against the borrower. This webinar will explore those decisions and alternatives that are available to the lender to still recover their cost of defense. Tune in to understand in what circumstances a lender can add attorneys’ fees to the loan or move for a separate judgment against the borrower.

Who Should Attend: Chief Credit Officer, Compliance Officer, Bank Counsel, Commercial Loan Officer, Consumer Loan Officer

Learning Objectives

  • Explore recent cases limiting a lender’s ability to recover fees against the borrower
  • Learn where to look for the specific language that will determine whether a lender can only add the attorneys’ fees to the loan or whether he or she can obtain a separate judgment against the borrower
  • Help a lender identify its recovery options early in the litigation, rather than after spending tens of thousands of unrecoverable fees litigating


T. Robert Finlay
Wright, Finlay & Zak, LLP. 
T. Robert Finlay is one of the founding partners at Wright, Finlay & Zak, LLP. Since 1994, he has focused his legal career on consumer credit, business and real estate litigation, and has extensive experience with trials, mediations, arbitrations, and appeals. Mr. Finlay is at the forefront of the mortgage banking industry, handling all aspects of the ever-changing default servicing and mortgage banking litigation arena, including compliance issues for servicers, lenders, investors, title companies, and foreclosure trustees. 

Webinar Fees

Pricing For Price Season Pass
Bank Member $195 $0
Bank Nonmember $249 $0
Affiliate Member $195 $0
Affiliate Nonmember $249 $0

Season Pass Members receive 4 individual logins to every webinar

Additional Info

Participants will earn 1.0 CPE credit

Field of Study: Specialized Knowledge

Prerequisites: Knowledge of the Full Credit Bill Rule

Advanced Preparation: None

Program Level: Intermediate

Delivery Method: Group Internet Based

Refunds and Cancellations: Webinar registrations are non-refundable. If the registrant is unable to attend the designated time and date of the webinar, a playback link and any written materials will be provided within 2 business days following the conclusion of the webinar

Western Bankers Association is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website:www.nasbaregistry.org.


Click here to register online