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Real Estate: Title Expert Witnesses

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Alan A. "Scotty" Herd, CRE, FRICS
Real Estate Expert Witness
1800 Century Park East Suite 600
Los Angeles CA 90067
phone: 310-285-9600
fax: 310-557-3611
Alan A. “Scotty” Herd, CRE, FRICS, has been a prominent expert in the Real Estate Industry since 1963. After graduation from UC Berkeley with a degree in business administration/real estate, Mr. Herd joined his father’s firm in West Hollywood and Beverly Hills until forming his own firm in 1966. He is currently licensed as a real estate broker in California, Colorado, and Arizona.

Mr. Herd has been involved in more than 2,000 real estate transactions as either a manager or salesman and has formed more than fifty limited partnerships and joint ventures. He has also acted as a (non-litigation) fee consultant to companies and investors on real estate portfolios, including several Fortune 100 financials and industrials. Mr. Herd has served as president of three property owner associations (HOAs). He has taught and written articles on real estate consulting and was the principal author on real estate consulting in the State of California Real Estate Reference Book.

Litigation Support - Scotty Herd has been engaged as a litigation consultant by more than 200 law firms in more than 650 cases in Southern California, including a third of the fifty largest law firms in Los Angeles County. He has testified as an expert witness more than 250 times.

Mr. Herd’s client list includes not only infrequent real estate litigators, but litigators who do real estate all the time. Sixty-five per cent of clients are returning clients. His services are available to counsel representing both Plaintiff and Defense. Mr. Herd has jury-friendly testimony skills from more than thirty-five years of UC Extension real estate instruction experience.

Mr. Herd has given court testimony in more than 65 areas of real estate topics, including but not limited to:
  • Sources and Applications of Standard of Care
  • Disclosure Responsibilities
  • Agent Supervision Criteria
  • Agent Custom and Practice
  • Due Diligence Responsibilities
  • Commission Disputes
  • Ethical Obligations
  • Obligation of Skill and Care
  • CV Available Upon Request
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    Norman Katz
    Managing Partner
    18881 Von Karman, Suite 1175
    Irvine CA 92612
    phone: 949-263-8700
    fax: 949-263-0770
    MCS Associates is a nationally recognized consulting group that has provided financial, operations and regulatory/compliance consulting services nationwide to financial institutions, insurance companies and regulatory agencies as well as real estate and financial services organizations for over 30 years.

    Expert Witness and Litigation Consulting are a primary focus of our services. We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals.

    Together with MCS Associates’ specialized resources in banking, financial services and real estate, we also draw on key strategic alliances in insurance, economics, academia and the securities industry to meet a wide range of expert witness needs. Our litigation experts include experienced bankers, lenders, consultants, regulators, managers, brokers & agents in insurance, real estate, and securities; insurance claims and underwriting managers; economists, accountants, appraisers, real estate analysts, and academics.

    Areas of Expertise Include:
  • Banking Operations/Administration
  • Check Fraud
  • Lending Policies, Custom and Practice
  • Loan Underwriting & Credit Administration
  • Sub Prime Loan Originations, Underwriting, Securitizations & Servicing
  • Bankruptcy, Foreclosures and Workouts
  • Trust & Fiduciary Issues / Operations
  • Securities Brokerage & Investments
  • Valuations & Damages Analysis
  • Forensic Accounting
  • Employment / Compensation
  • Real Estate Brokerage & Management
  • Title Insurance & Escrow
  • Real Estate Appraisal & Transactions
  • Insurance Industry Custom & Practice
  • Insurance Coverages / Claims Handling
  • Insurance Bad Faith
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    J.F. Chip Morrow
    Nationwide coverage
    San Antonio ALL States 78261
    phone: 866-365-7212 (Toll Free)
    fax: Toll free 866-869-4062
    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.
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    Cantrell Associates
    James H. Cantrell, CPM
    11315 North Point
    San Francisco CA 94123
    phone: 415-244-5927
    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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    Carl E. Peters, PE, PLS, PP, CO
    4525 Route 27
    Princeton NJ 08540
    phone: 609-751-4104
    Carl E. Peters, PE, PLS, PP, CO, has a broad range of expertise in the areas of Land Use, Municipal Engineering, and Code Enforcement in the State of New Jersey. His rare combination of professional credentials enables him to analyze the development process from concept design through issuance of a Certificate of Occupancy. He is one of fewer than ten people in New Jersey who holds licenses as a:
    • Professional Engineer
    • Professional Land Surveyor
    • Professional Planner
  • Construction Official
  • Building Official
  • Plumbing Official
  • Litigation Support - Mr. Peters' expertise is beneficial in the resolution of disputes between project owners, design professionals, contractors, and insurance carriers. He has testified before the Planning Board, Zoning Board, Historic Preservation Review Committee, and Site Plan Review Advisory Board, and NJ Civil Courts. He is also a mediator on the roster of the NJ Civil Courts.

    Mr. Peters provides litigation support for counsel representing both Plaintiff and Defense. His cases have involved:
    • Engineering Matters
    • Property Line Disagreements
    • Drainage Problems
    • Streets and Sidewalks
    • Sewers
    • Construction Disputes
    • Land Use
  • Land Surveying
  • Construction Codes
  • Construction Permits
  • ADA Compliance
  • Local Government Matters
  • Engineering Malpractice
  • View Carl Peters' Consulting Profile.
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    Hon. Steven Cohen, (Retired), JD, MBA
    2530 Wilshire Blvd.
    3rd Floor
    Santa Monica CA 90403
    phone: 310-315-5404
    Judge Cohen is a qualified Expert and Consultant with over 30 years experience in Construction Defects and Real Estate Standards of Care and Duty, Property Management, Property Inspection, Agents disclosure, Broker's disclosure, and Negligent and Intentional Conduct. Extensive experience in habitability, Civil Code 1941, Health and Safety Code §17920.3, transfer disclosure and all transactional requirements in the sale of property. Expert in construction arena in water penetration, roof defects, home inspection, structural defects, framing defects, electrical & mechanical problems, stucco, foundation and structural slabs, construction schedules and all mold related problems. Litigation consulting includes Case Risk Analysis and Assessment (is a case ripe for litigation?), Research and Litigation Support, Homeowner Associations HOA, Building Codes, Department of Real Estate Rules, Codes and Laws, Contractor's State Licensing Board Rules and Regulations, Uniform Building Code (UBC) compliance, Building and Safety. Expert in Mechanical, Electrical, Water Entry, Toxic Mold, Mildew and Sick Building Syndrome. American Arbitration Association (AAA) Arbitrator. Arbitrator and Mediator for State and Federal Cases. Alternative Dispute Resolution (ADR) Practitioner. Graduate Level Certificate in Dispute Resolution (Mediation, Arbitration and Negotiation) from Pepperdine University School of Law. Licensed to practice law in California and Federal Court-Central District. Retired Administrative Law Judge, Inglewood Office of Appeals.

    Education/Licenses: Administrative Law Judge (Ret.), Attorney, M.B.A., Certified Property Mold Specialist (C.M.I. & C.M.R. Designation), RE Broker (Realtor), General Contractor (B1), Electrical Contractor (C10), Certified Mediator, AAA Arbitrator and Mediator, FINRA Arbitrator, Western Case District.

    Primary Area of Expertise: Real Estate, Construction Defects, Case Risk Assessment.
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    Edwards and Cherney, LLP
    Craig Cherney
    14300 N. Northsight Blvd.
    Scottsdale AZ 85260
    phone: 480-240-0040
    fax: 480-656-9566
    Craig Cherney, Esq. is a Private Equity and Pooled Investment Fund Manager familiar with Standards of Care and Fiduciary Duties between investors and the real estate sponsor or developer handling the syndicated funds. He understands real estate business plans, budgets, reporting, disclosure duties, operating fees, management fees, brokerage commissions, finder's fees and reasonableness of third party vendor payments to real estate professionals. Mr. Cherney's other expertise includes land acquisition, pre-acquisition due diligence, valuation, procuring entitlements, zoning, land development, master plan communities and disposition and sale of paper lots and finished lots to public home builders.

    Craig Cherney has deep experience in acquisition and disposition of hundreds of millions of investment capital in residential land, master plan communities, commercial real estate development projects and entitlement and zone change opportunities throughout the United States. A Joint Venture expert between institutional capital, private investors and local real estate operators, he is able to conduct multiple financial models and sensitivity analysis showing present value and projected IRR rates of return and equity multiples that a real estate project should have delivered in the open market.

    Mr. Cherney is a licensed attorney in 3 states (AZ, CA, NV), a licensed real estate broker (CA), and a Member of the Urban Land Institute Council: Residential Neighborhood Development Council.

    Areas of Expertise:
    • Real Estate Valuation
    • Commercial Real Estate
    • Land
    • Due Diligence
    • Fiduciary Duty
    • Standards of Care
    • Real Estate Finance
    • Real Estate Management
  • Real Estate Syndication
  • Real Estate Acquisition
  • Real Estate Entitlements
  • Land Development
  • Land Use
  • Land Valuation
  • Management Fees
  • Commissions
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    Jeffrey S. Lapin, CPM®
    231 Vernon St.
    Roseville CA 95678
    phone: 818-448-9100
    Jeffrey S. Lapin, CPM®, has been directly involved in Commercial Real Estate Management, Leasing and Construction for over 35 years.

    Mr. Lapin is a Certified Property Manager (CPM®) certified by the Institute of Real Estate Management and a California licensed Real Estate Broker. He also serves as President of the Institute of Real Estate Management (IREM®) Chapter 22 in Sacramento, California. Mr. Lapin is a certified instructor for the Institute of Real Estate Management (IREM) teaching courses for them, including the course required by IREM for the CPM or ARM designation "Maintenance of the Physical Asset".

    Jeffrey Lapin specializes in Tenant Relations, Property Maintenance and Upkeep, and Asset Value Protection. His background includes roles with institutional landlords including TIAA CREF, MetLife, The New England Life Insurance Company, and Principal Mutual Life, as well as a diverse group of private property owners. His experience is in managing and leasing all types of property including commercial and multi-family residential, industrial, office, and retail real estate assets.

    Litigation Support - Mr. Lapin provides expert witness services on Commercial Real Estate Standards of Practice. His cases involve injuries, personal and financial, that occur as a result of an alleged failure by a commercial landlord to follow reasonable standards of care, for either the landlord or a non-landlord plaintiff's counsel.

    Areas of Expertise:
    • Commercial Real Estate Personal Injury
    • Commercial Real Estate Financial Injury
    • Policies, Procedures for Maintenance
    • Commercial Property Operations
    • Commercial Property Management
  • Risk Mitigation
  • Expense Management
  • Slip and Fall
  • Trip and Fall
  • Gross Negligence
  • View Jeffery Lapin's Consulting Profile.
    5/9/2016 · Real Estate
    Tenants, visitors and vendors who enter upon commercial properties (office buildings, retail centers, apartment communities, industrial buildings, etc.) are entitled to the presumption of safety when traversing public spaces. They should, and do, expect that the owner of that property, by making it accessible to the public, will maintain the property (parking areas, lobbies, hallways, grounds, pools and the walkways that connect these elements) to a reasonable standard of care.

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    John A. Dalkowski, III, CRE, MAI
    Corporate Office (FL, SC Offices Below)
    30 Wall St., 8th Floor
    New York NY 10005-3128
    phone: 212-983-2426 888-589-3444
    John Dalkowski Real Estate Expert PhotoJohn A. Dalkowski III, CRE, MAI, is Managing Director of NRER, with offices in Miami, FL; New York, NY and Hilton Head Island, SC. He has over 45 years experience in Real Estate Valuation, Development, and Counseling in 26 states and has appraised in excess of $8 Billion in assets.

    Mr. Dalkowski's major focus is litigation and arbitration support and expert witness services, distressed property solutions, and valuation advisory services, particularly on specialized or complex transactions such as major office buildings and hotels and other trophy real estate assets, including ski resorts, waterparks, outdoor entertainment venues, resort hospitality and timeshare properties, and correctional facilities. He has completed numerous valuations of major Manhattan hotels and office buildings and more than 100 distressed asset valuations for the FDIC, as well as complex litigation support such as the recent Chinese Drywall test case in Louisiana.

    Litigation Support - Mr. Dalkowski is experienced in providing transactional counseling, litigation, arbitration support, expert witness testimony, forensic appraisals, and valuation advisory services, particularly on specialized or complex transactions.

    Areas of Expertise:
    • Acquisitions
    • Dispositions
    • Full and Partial Interests' Appraisals
    • Complex Valuations
    • Development
    • Market and Feasibility Studies
    • EB-5 Feasibility Studies
    • Investment Analysis
    • Diminution of Value Damages
  • Environmental Stigma
  • Tax Appeal Asset Allocation
  • Air Rights
  • Transfer of Development Rights (TDRs)
  • Foreclosure / Deficiency Judgments
  • Eminent Domain
  • Condemnations
  • Construction Defects
  • Historic Façade Easements / Conservation Easements
  • Miami Office
    701 Brickell Avenue
    Suite 1550
    Miami, FL 33131
    South Carolina Office
    Flamingo Street
    P.O. Box 7523
    Hilton Head Island, SC 29228

    View John Dalkowski's Consulting Profile.
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    Joffrey Long
    17045 Chatsworth Street, Suite 101
    Granada Hills CA 91344-5845
    phone: 818-366-5200
    Joffrey G. Long - Mortgage Broker/Lender/Loan Servicer since 1979, president of mortgage company, past president and current Education Chair and Director for the California Mortgage Assn. (Mortgage lending, brokerage and loan servicing Trade Assn.)

    Mortgage litigation consultation and mortgage expert witness testimony in areas of mortgage broker standard of care, broker duties, mortgage lender activities, required disclosures, fiduciary relationships, fraud, loan servicing, loan modification, foreclosure, California mortgage licensing methods, and the standard of care and disclosures regarding investment in California trust deeds. Experienced in report writing, depositions, court testimony and litigation consultation.

    Experienced and presently active as a practitioner in both institutional lending and hard money lending (private money lending) loan brokerage and loan servicing. Expert witness testimony as a California private money expert witness (also referred to as a California hard money expert witness) is provided. Also testified in matters of Usury. Expert witness testimony provided as mortgage broker expert witness. Extensive background in training and education for the mortgage industry.

    Although he regularly performs mortgage expert witness assignments, he is presently active in mortgage lending, loan brokerage, loan servicing and trust deed investments.

    CV available upon request.

    (Profile updated January 11, 2014, by Joffrey Long)
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    Eugene R. (Gene) McCullough
    5608 Villa Road
    Knoxville TN 37918
    phone: 865-310-7842
    Eugene R. (Gene) McCullough has been a Licensed Attorney for 36 years and acquired over 30 years of experience in the Title Insurance Industry. He began his career as a title and escrow closing agent and handled searches of the public records, examination of titles, evaluation of title risks, production of policies, and management of escrow functions.

    In 1983, as assistant general counsel for a multistate underwriter, he personally handled underwriting, claims, business development, and senior level underwriter administration as President of several different multistate Title Insurance Underwriters.

    Litigation Support - Since 2012, Mr. McCullough has been providing consultant and expert witness services to attorneys representing insureds, Underwriters and professional liability carriers across the United States. Reports issued and deposition testimony given have ranged from standards of care for title agents, interpretation of policy and CPL language, evaluation of compliance with duties to defend, and timing for assessment of damages.

    Areas of Expertise:
    • Title Insurance
    • CPL
    • Insured Closing Letters
    • Escrow Closings / Instructions
    • Survey Defects
    • Defalcation
    • Fraud
    • Timeshare
  • Agency Bad Faith
  • Title Searches
  • Title Examination
  • Defense
  • Damages
  • Policy Contract Interpretation
  • Standard of Care
  • E&O Coverage
  • View Gene McCullough's Consulting Profile.
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    Lic. Gonzalo Viquez, Jr.
    Attorney and Notary Public
    San Jose Costa Rica, 200 Mts. North From Parque De
    La Amisted (Rhomoser)
    phone: 506-2296-4432
    fax: 506-2231-6505
    Our firm specializes in Real Estate Law. We represent and help individuals and investors throughout the legal closing procedures, from due diligence stage until closing as per the constitution of Costa Rican Corporations to own property. We are also authorized representative for Stewart Title providing title insurance and escrow services in Costa Rica.

    Please feel free to address any legal questions you may have regarding purchasing property in Costa Rica.
    6/8/2006 · Real Estate
    Why should you invest in Costa Rica by purchasing a piece of property or develop your own real state project? The answer to this question my vary in accordance to each specific case, nevertheless many if not all aspects that motivates your decision are basic; Costa Rica is a small country full of wonders around each corner