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Real Estate: Foreclosures Expert Witnesses

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Superior Bancorp Inc.
David L. Zacharias
Commercial Banking Consultant
126 E. Country Club Dr.
Phoenix AZ 85014
USA
phone: 602-265-3218
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David L. Zacharias has over 35 years of experience in the Commercial Banking Industry. Has been a director of four banks, CEO of two banks, two mortgage companies, and is currently a Managing Member of a software company which monitors construction loans.

Litigation Support - Mr. Zacharias has been involved in some of the largest and most complex financial lawsuits representing plaintiffs or defendants, from locally-owned, to Fortune 500 companies, to the FDIC. He has been an expert witness in 17 states involving more than 85 cases (60/40 plaintiff/defendant), involving 55 days of depositions/22 days of trial testimonies. Mr. Zacharias has been deposed many times and has testified more than 100 hours in District, Federal, and Bankruptcy court.

Areas of Expertise:
  • Commercial and Real Estate Credit
  • Loan Underwriting
  • Loan Analysis and Approval
  • Mortgage Underwriting
  • Loan Loss Provisions
  • Loan Structuring / Loan Documentation
  • Lending Policies and Procedures
  • Lender Liability
  • Branch / Checking Account Operations
  • Letters of Credit
  • Bank Internal Controls
  • Bank Fraud Analysis
  • Corporate Credit Fraud
  • Board of Directors’ Responsibilities
  • Resume, fee information and references provided upon request.
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    Dr. Thomas A. Musil, DPA, CVA
    13857 Kendall St. NE
    Forest Lake MN 55025
    USA
    phone: 612-207-7895
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    Dr. Thomas A. Musil, CVA, has over 35 years of experience in the Real Estate field and is a retired full-time Real Estate Professor. He has extensive experience serving as an expert witness in residential, multifamily, commercial, industrial, and institutional property disputes. Dr. Musil is a real estate broker and holds the Certified Valuation Analyst (CVA) designation. He provides expert testimony, research and analysis services to counsel representing Plaintiff and Defense.

    Real Estate Sales Agent & Broker Disputes:
    • Ethics & Conflicts of Interest
    • Negligence & Malpractice
    • Standards of Care
    • Due Diligence
    • Real Estate Industry Standards
    • Fiduciary Duties & Breach of Duty
    • Disclosure of Material Facts
    • Licensing Requirements
    Expertise and Experience:
    • Arbitration
    • Financing
    • Practices & Procedures
    • Water & Mold Damage
    • Seller Misrepresentation
    • Property Management
    • Housing Discrimination
    • Landlord/Tenant
    • Planning & Zoning
    • Economic Impact of Development
    • Development
    • Economic Loss
    • Business Interruption Damages
    • Disparate Impact in Housing Code Enforcement
    • Fraud
    • Mortgage Foreclosure Practices
    • Real Estate Settlement Procedures Act (RESPA)
    • Premises Liability
    • Property Defects
    • Homeowners Association (HOA) Disputes
    • Tenant in Common (TIC) disputes
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    Douglas Minor
    Founder
    2625 Townsgate Rd. Suite 330
    Westlake Village CA 91361
    USA
    phone: 805-267-1118
    fax: 805-299-4980
    As Author of Anatomy of Credit Scores and Founder / President of Easy Credit Relief, Inc., Douglas Minor focuses on helping and teaching people how to understand the credit system. Showing them the best ways to use credit and maximize their score.

    Doug has spent the last 25 years reviewing personal credit reports and financial profiles of individuals. He has happily been quoted and interviewed for articles appearing in FoxBusiness.com, Yahoo! Finance, and Entrepreneur Magazine.

    During this time he has enjoyed answering thousands of questions regarding credit scores and the information contained in credit reports.

    Having a pragmatic disposition as well a broad base of experience in business he has the unique knowledge and academics to assess damages. He has performed training classes to audiences of all levels of sophistication including Professional Groups, Lenders, CEO’s, and Consumers. As a respected Expert in Credit Related Damages, Credit Reporting, and Scoring he serves as a litigation consultant / expert witness for those involved in credit damages litigation.
    Doug Minor
    This book is for professionals and consumers alike. In this comprehensive how-to guide and easy to follow references, provides in-depth coverage of the credit reporting, repairing and scoring system. This is an eye opening journey into one of the most misunderstood yet needed topics of today.
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    James E. Fitzgerald
    Executive Managing Director
    2700 Patriot Drive, Suite 250
    Glenview IL 60026
    USA
    phone: 847-656-5868
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    James Fitzgerald Hospitality Expert PhotoJames E. Fitzgerald has over 35 years of global experience creating value in the Real Estate and Hospitality Sectors.

    Mr. Fitzgerald is a highly skilled negotiator with deep expertise in consulting, finance, due diligence, loan origination, asset management, acquisitions, divestitures and workouts. He is a professional with an expansive network of relationships throughout the private equity, investment banking, real estate, legal, and hospitality communities.

    From 2006 to 2016, Mr. Fitzgerald served as Managing Director of Hotel Investments for Principal Global Investors. In this role, he created and executed a hotel investment program for Principal Real Estate Investors of over $4 billion. Mr. Fitzgerald led Principal’s efforts as JV partner on 1002 room JW Marriott Resort in San Antonio- $500 million project and exceeded budget for seven consecutive years. Over the course of his career, he has:
    • Advised on over $10 billion of hospitality transactions
    • Originated billions in hotel mortgage debt: CMBS, whole, and mezzanine Loans
    • Founded and successfully grew a national investment and advisory practice
    • Provided advisory and due diligence services to private equity firms and major hospitality corporations and hotel owners
    Litigation Support - James Fitzgerald and his team at Dauntless Hospitality Advisors provide attorneys with sound knowledge as they represent owners, lenders, managers, and brands. Services could address:
    • Bankruptcy / Workouts
    • Operational Matters
    • Owner / Operator Relationships
    • Management and Franchise Agreement Issues
  • Asset Management
  • Market Analysis
  • Valuation
  • Capital Structure
  • View James Fitzgerald's Consulting Profile.
    As an operating business without the benefit of long term leases, hotels can be volatile. With a perishable inventory of rooms to be sold each night, sophisticated marketing tactics are critical. In good times, it is easy to make money; however, as the economy slows, and new supply enters the market, cash flows lessen, and tensions rise. This is particularly true for overleveraged hotels.

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    Cantrell Associates
    James H. Cantrell, CPM
    1315 North Point
    San Francisco CA 94123
    USA
    phone: 415-244-5927
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    James H. Cantrell, CPM® is a Real Estate expert with over 35 years of Asset and Property Management experience. He specializes in the turnaround of properties with Deferred Maintenance and Mismanagement.

    For both private and institutional investors, Mr. Cantrell has managed a variety of product types, apartments, high-rise office, association management, industrial I warehouse properties, retail, and large hotels. He is currently active in day to day asset and property management and has established management programs that have maximized the values of the various investments.

    Background - Mr. Cantrell served as the President of Cantrell, Harris & Associates, a San Francisco-based real estate management and consulting firm that was formed 30 years ago. He formed Cantrell Associates which provides property management, litigation support, and expert witness services.

    He currently teaches a number of courses for the Institute of Real Estate Management (IREM) and has taught throughout the United States, in Russia and Poland. He was an Associate Professor at Golden Gate University for 9 years teaching an Asset/Property management course in the MBA program.

    He began his career with Arlen Realty as a property supervisor, handling properties in the United States Investment Fund Portfolio, and has held the position of Equity Administrator with Clevetrust Realty Investors, responsible for managing numerous properties throughout the Country. He also served as Treasurer of Regency Equities, a Real Estate Investment Trust, traded on NASDQE, and was President of Plaza Equities Management, Inc., with a national portfolio of mixed assets under his direction. He has served as a Court appointed Receiver on all types of assets throughout California.

    Litigation Support - Mr. Cantrell has served or consulted as an expert on behalf of both Plaintiffs and Defendants in over 100 cases. He is uniquely qualified with his experience and teaching background and is your best choice as an expert in litigation.

    Areas of Expertise:
    • Standards of Care
    • Property Damage
    • Personal Injury
    • Habitability
    • Landlord / Tenant
    • Maintenance
  • Air Quality
  • Mold Issues
  • Receiverships
  • Lease Interpretation
  • Partnership Agreements
  • Trust Properties
  • View James Cantrell's Consulting Profile.
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    A. Patrick Sheahan
    Commercial Real Estate Consultant
    17470 N. Pacesetter Way
    Scottsdale AZ 85255
    USA
    phone: 480-251-5338
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    A. Patrick Sheahan has over 30 years experience in the Commercial Real Estate and Mortgage Banking fields. Mr. Sheahan has been a licensed Arizona Real Estate Broker since 1992 and owns and is the Designated Broker for Berry & Doyle, LLC.

    The company represents regional and national retail, office and industrial tenants as an Exclusive Tenant Representative. Clients include Wingstop, Baskin Robbins, Pizza Patron and Mr. Sheahan has represented H & R Block in well over 200 lease transactions in Arizona during the 15 years. They also represent clients as an Exclusive Buyer Representative in the acquisition of retail, office, industrial, and income-producing properties.

    Mr. Sheahan is approved by the Arizona Department of Real Estate as both an Instructor and a Real Estate School Owner. Commercial Real Estate Seminars was founded in 2003 and he has been an approved Instructor for over 18 years. Commercial Real Estate Seminars provides commercial real estate continuing education courses and Mr. Sheahan is approved to instruct over 35 commercial real estate courses and has taught courses and seminars in Phoenix, Tucson, and Las Vegas.

    Litigation Support - A. Patrick Sheahan provides consulting and testifying expert witness services in support of litigation related to commercial real estate matters and has served as an Expert Witness in over 30 cases in the past eight years. Mr. Sheahan is available for expert witness assignments throughout the State of Arizona. Types of commercial real estate within Mr. Sheahan's area of expertise include, but are not limited to, shopping centers, office buildings, industrial properties, commercial land, and apartment complexes.

    Mr. Sheahan is qualified to address the following issues in his capacity as an expert witness:
    • Arizona Revised Real Estate Statutes
    • ADRE Commissioner's Rules
    • NAR Code of Ethics
    • Broker Standard of Care
    • Salesperson Standard of Care
    • Duty of Fair and Honest Dealings
    • Mitigation of Damages
    • Standards of Practice
  • Duties to Non-clients
  • Broker / Salesperson Misrepresentation
  • Agency
  • Contract Law
  • Disclosure
  • Licensee Fiduciary Obligations
  • Real Estate Contracts
  • Commercial Leases
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    J.F. Chip Morrow
    Nationwide coverage
    San Antonio ALL States 78261
    USA
    phone: 210-651-3749
    fax: 210-651-4076
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    Profile: 47+ yrs experience in financial, mortgage & business institutions including 17+ President, CEO & Director & 6+ director of a mortgage company. 15+ years of leadership/ directorships in national & state trade associations. Over 500 federal & state nationwide cases i for FDIC, FannieMae, financial institutions, mortgage companies, businesses, non-banks, individuals. Services provided: consulting, depositions, reports, affidavits & court testimonies.

    Expertise: Financial Institutions, Mortgage Institutions, Business, Real Estate. Residential mortgage loans,construction loans, commercial real estate loans, business loans, SBA; Operations; Fraud; Lender Liability; Policy & Procedures; Fiduciary Duties, D & O conduct, Other. Reports, depositions & court testimony in Federal, Bankruptcy & state courts.

  • 500+ nationwide cases working both for defendants and plaintiffs.

  • 20+ years of in-house, industry, and outside expert witness experience.

  • 75+ depositions taken and 35+ court appearances in both Federal and state courts.

  • Clients: FannieMae, FDIC, Freddie Mac, FHA, VA, Viacom, Wells Fargo Bank, State of CA, Bank of America, Amex, Citicorp Mortgage, Washington Mutual, Bank One, Long Beach Mortgage, EMC Mortgage, JPMorganChase Bank, PacifiCare, Beal Bank, Avnet, Fidelity Title & First American Title

  • Approximately 50% of cases are for financial institutions, 40% against financial institution and 10% are other.

  • Serving clients nationally— 40% plaintiffs and 60% defendants.

  • Resume, fee information and references provided on request.