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Real Estate: Finance / Lending / Loans / Mortgages Expert Witnesses

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Philip Simmons
President
P.O. Box 786
Lake Arrowhead CA 92352
USA
phone: 310-439-4119
fax: 310-300-3020
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Philip Simmons Real Estate Expert PhotoPhilip Simmons has 30 years of experience managing major Real Estate Developments. Having served as Division President of the nation’s largest private residential development company, he has unique executive, development, legal, and brokerage skills.

Mr. Simmons is a land use attorney and licensed California real estate broker. He has provided complex development project and organization management services to some of the nation's largest public and private development companies and public agencies, as well as individual land owners and businesses with real estate interests.

Litigation Support - Mr. Simmons offers expert witness and non-testimony expert consultation on behalf of legal counsel or real estate developer / investor in matters involving front end due diligence, acquisition, contracting and entitlements relating to major real estate development issues. His services are available to attorneys representing both Plaintiff and Defense. With superb presentation, testimony, and communication skills, Mr. Simmons offers creative solutions to difficult litigation challenges. Consulting and/or expert witness services.

Areas of Expertise:
  • Land Use
  • Acquisition
  • Entitlement
  • Development
  • Contracts
  • Syndications
  • Finance
  • Disposition
  • Project Management
  • Negotiations
  • Strategic Planning
  • Business Planning
  • Consultant Selection
  • Public Hearing
  • View Philip Simmons' Consulting Profile.
    12/2/2015 · Real Estate
    Selecting any expert witness requires an attorney to understand the issues at bar, as well as the opinions of experts that will be required to provide clarity to the finder(s) of fact. Some areas of practice, such as land use and real property litigation, often create added dimensions of complexity in evaluating and planning for necessary testimony. Obviously, litigation varies widely from case to case, and the attorney's challenge in putting together expert testimony to clearly define the facts and relevant conclusions of the case cover a tremendous range of issues. Considerations that go into properly evaluating the need for expert testimony, and subsequently selecting and managing the experts, can be one of the most critical aspects of case and trial preparation.

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    Jeffrey S. Rothbart, JD, LLM
    1945 Techny Road, Suite 6
    Northbrook IL 60062
    USA
    phone: 312-620-2124
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    Jeffrey S. Rothbart, JD, LLM, founded Stack Real Estate, LLC (“Stack”) to focus on commercial real equity investments, development, capital markets advisory, and expert witness services. Since its inception, Stack has participated in over $1.5 billion in Commercial Real Estate Transactions.

    Mr. Rothbart is experienced in real estate acquisitions, development asset, portfolio management, capital markets, leasing, dispositions, and sustainability. He has been involved in office, residential, retail, industrial, hotel, self-storage, medical, and senior-living operations as an investor, developer, adviser, or expert witness.

    In addition to his responsibilities at Stack, Mr. Rothbart is also the Head of Investments for Peer Realty and a Principal at both Birchwood Health Care Properties, LLC and Insignia Homes. In his roles for Stack, Peer, and Birchwood, Mr. Rothbart is currently overseeing the syndication of over $65 million in real estate investments, including two residential subdivision developments, retail centers, and multiple senior living acquisitions and development opportunities. He is also LEED-AP for New Construction (v2.2) and an Adjunct Professor of Law at Chicago-Kent College of Law.

    Litigation Support - Prior to forming and participating in several companies, Mr. Rothbart practiced real estate and tax law at a Chicago-based law firm and worked in the legal department of Related Midwest, one of Chicago’s largest multi-family developers. He has been an expert witness in real estate related litigation matters exceeding $300 million and has published over 40 articles on the commercial real estate markets. His services are available to attorneys representing plaintiff and defendant.

    Areas of Expertise:
    • Commercial Real Estate
    • Real Estate Valuation
    • Real Estate Acquisitions
    • Bankruptcy
    • Eminent Domain
    • Real Estate Development / Redevelopment
  • Landlord / Tenant Disputes
  • Manufactured Homes
  • Mortgages
  • Property Management
  • Real Estate Agency Standards
  • Property Tax Appeal
  • View Jeffrey Rothbart's Consulting Profile.
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    Peter W. Leibundgut, Esq.
    333 Stoney Brook Ln
    Marlton NJ 08053
    USA
    phone: 8569128470
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    Peter W. Leibundgut, Esq., has 30 years of transactional, public, and private commercial and real estate finance, legal and bank consulting experience. He currently provides a range of financial services to borrowers and domestic and foreign private and institutional investors in connection with structuring, placing, and conducting due diligence in Commercial and Real Estate Financing Transactions.

    Mr. Leibundgut has decades of experience performing due diligence investigations, structuring, closing and restructuring public and commercial financial transactions on behalf of lenders; county, state and federal authorities and issuers; underwriters; finance companies; private equity and hedge fund investors; and borrowers.

    Litigation Support - Mr. Leibundgut serves as an expert witness and provides litigation support in cases involving contract disputes and complex public and commercial finance matters centering on debtor and creditor rights. He has served as an expert, provided litigation support, rendered expert reports, and testified in cases involving several billion dollars over the last seven years. Three of his cases were nationally recognized and several were cases of first impression. Mr. Leibundgut has also represented the FDIC in forensic commercial loan review.

    Areas of Expertise:
    • Ponzi Schemes
    • Lender Liability
    • Legal Malpractice
    • Whole Bank Acquisitions
    • Shared Loss Matters
    • Fraud and Gross Negligence
    • Niche Lending
    • Contract Expertise
    • Factoring
    • Securitizations
    • Bonds
    • Syndications
    • Healthcare
  • Commercial Real Estate
  • P3s
  • Transportation
  • Purchase Orders
  • Public and Private Offerings
  • Letters of Credit
  • Secured and Unsecured Transactions
  • Bank Policy and Procedure
  • Bankruptcy
  • Derivatives
  • Equipment Leasing
  • Microfinance
  • Aircraft and Vessel Finance
  • View Peter Leibundgut's Consulting Profile.
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    Richard Payne
    57 Union Place Suite 316
    Summit NJ 07901
    USA
    phone: 908-277-0250
    fax: 908-277-3391
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    Richard Payne is a Mortgage Banking Expert and Managing Partner for Payne Advisory, LLC. He has served as lead advisor for the RTC at Prudential Securities for Mortgage Securitizations and on the Regional Advisory Boards of both FNMA and Freddie Mac. Mr. Payne has also served as President and CEO of several large and small cap mortgage banking firms.

    Areas of Expertise include:
  • Expert Witness services
  • Put-Back Reviews
  • Mortgage Risk Evaluations
  • Loss Mitigation Strategies
  • Merger & Acquisition Advisory
  • Operational Overviews
  • Credit Reviews
  • Branch Reviews
  • Warehouse Evaluations
  • Board of Director Training
  • Government Relations
  • Hard Money Lending
  • Mortgage Capital Markets
  • Distressed Asset Reviews
  • Specialty Servicer Reviews


  • Payne Advisory, LLC, has thirty years of Wall Street and Main Street experience and assists Companies to proactively address mortgage crisis issues. Its consultants include Lisa Jones who specializes in all aspects of residential mortgage banking, state and federal regulatory compliance, underwriting, credit risk and loss mitigation.
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    Robert Kehiayan, CPM
    34071 La Plaza
    Suite 140
    Dana Point CA 92629
    USA
    phone: 949-443-3030
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    Robert Kehiayan Commercial Real Estate Expert PhotoRobert Kehiayan, CPM, has over 35 years of experience in Asset and Property Management and Investment Brokerage. He specializes in commercial property including office and medical buildings, industrial parks, retail centers, and over 20,000 residential units. Background Experience - Mr. Kehiayan's experience with commercial properties is nationwide and involves leasing, sales, and management. He has substantial experience with commercial tenant leases, representing both landlords and tenants in leasing and property management. He has been intimately involved in countless lease transactions and lease administration. At a senior level, Mr. Kehiayan also supervises and trains agents in this regard. He is a California Bureau of Real Estate (CalBRE) certified instructor and teaches an advanced continuing education CalBRE credit course on the topic of leasing, management, acquisition, and sale of commercial real estate. He is credentialed as a Certified Property Manager (CPM) by the Institute of Real Estate Management (the most respected organization in this sector or real estate). Litigation Support - Robert Kehiayan is a qualified expert witness, asset manager, property manager, leasing agent, and licensed Real Estate Broker & Realtor® in CA and TX. experience includes deposition and testimony in court. He has also completed declarations including a rule 26 federal court report. Expert Witness Services:

    • Courtroom testimony concerning industry standards, customs and practices in order to evaluate the legal liability of all parties
    • Supply analysis in order to ascertain the facts and determine the historic context of the disputed issue
    • Evaluate the arguments of opposing experts and assisting with the development of lines of questioning or specific questions for use in expert witness depositions

    Areas of Expertise:

    • All Commercial Real Estate including Retail, Office Spaces, Industrial, Apartment Properties, Shopping Centers, Storage Facilities, and Undeveloped Land
    • Property Management
    • Asset Management Leasing Representation for both Landlords and Tenants
    • Investment Property Analysis, Due Diligence, and Acquisition for Buyer
    • Broker Standard of Care
    • Buyer and Seller Representation
    • Due Diligence
    • Guidance through 1031 Exchange Process
    • Landlord and Tenant Issues
    • Industrial Real Estate
    • HOA Standard of Care

    View Robert Kehiayan Consulting Profile.

    9/27/2016 · Real Estate
    This article can help prevent a law suit arising over the interpretation of the terms "broom clean" and "normal wear and tear" at the early stages of drafting a lease agreement. If the lease is already in effect with these ambiguous terms, then this author offers a suggestion to prevent a conflict after the tenant moves out.

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    Richard K. Hollowell
    Managing Shareholder
    Kealoha Corporation
    1550 Bayside Drive, Suite 3
    Corona Del Mar CA 92625
    USA
    phone: 213-631-6116
    fax: 949-720-8169
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    Richard K. Hollowell is a real estate and finance expert who specializes in Real Estate Finance, Development, Loan Workouts, Asset Management, Bankruptcy, Foreclosure, Receivership, Valuation, Property Acquisition, Partnership Disputes and Landlord/Tenant Matters, including Determination of Damages. Mr. Hollowell has 45 years of experience as a key executive of major banks, real estate development firms, credit companies (G.E Capital), public accounting firms, and consulting firms including, Real Estate Recovery, the J.E. Robert Companies, and Alvarez & Marsal. His clients have included insurance companies, banks, pension funds, developers, law firms, real estate operating companies, and federal agencies including the FSLIC, RTC, and FDIC. Mr. Hollowell was one of five experts asked to speak before 20 of Federal Reserve Chairman Ben Bernanke's key people on August 12, 2008 at the inception of the systemic crash of the U.S. financial markets. Highly regarded by large banks, insurance companies, pension funds, federal regulatory agencies, and real estate companies holding large portfolios of assets. He is a widely recognized international speaker and published author. Litigation Support - Mr. Hollowell has over 1,000 hours of deposition testimony. His Rule 26 list includes 40 cases since 2003 and seven trial appearances in the past five years. His services are available to counsel representing both Plaintiff and Defendant. Areas of Expertise:


    Banks:

    • Officers and Directors Professional Liability
    • Lender Liability
    • Loan Underwriting Standards
    • Loan Risk Ratings
    • ALLL Reserves

    Bankruptcy:

    • Reorganization Plan Feasibility
    • Establishment of “Cramdown” Interest Rates
    • Fraudulent Transfers / Preference Actions

    Real Estate:

    • General Partner Liability
    • Loan Restructurings
    • Breach of Fiduciary Duty
    • CMBS Special Servicing
    • Construction Delays
    • Acquisition Due Diligence
    • Valuation Disputes
    • Brokerage Disputes
    • Land Development Disputes
    • Portfolio Asset Management
    • Real Estate Development
    • Ground Leases
    • Structured Real Estate Transactions
    • Homeowner / Developer Disputes
    • Receivership Management
    • Quantum Meruit Assessment
    • Condominium Hotels
    • Timeshare / Fractionals/ Destination Resorts
    • Condominium Association Management
    • Public Purpose Tax Districts
    • Troubled Housing Developments
    • Damages Assessment and Rebuttal
    • Residential and Commercial Construction Loans
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    George Hedley
    Construction & Real Estate Development Expert

    Email: GH@HardhatPresentations.com
    Rancho Mirage CA 92270
    USA
    phone: 949-852-2005
    fax: 760-992-5343
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    George Hedley is the founder and President of Hedley Construction and Development Inc., a major General Contractor, Owner’s Representative, and Construction Manager headquartered in Southern California.

    Since 1977, Mr. Hedley has built and / or developed more than 1,000 projects totaling in excess of 15 million square feet of commercial, office, industrial, and residential projects valued at more than $700,000,000. As a general contractor and construction manager, he has constructed numerous projects ranging from $3,000,000 to $10,000,000 each.

    Mr. Hedley has served as a Past President of Associated Builders & Contractors and Southern California Builders Association. He has presented over 500 presentations and workshops to national construction conventions including over 60 programs at the World Of Concrete. He is author of 10 construction business books including “Get Your Construction Business to Always Make A Profit!”, and several workbooks on Estimating, Project Management, Field Management, and Contracts. He has also written over 250 published articles in major construction industry publications including Construction Business Owner magazine.

    Construction Expert Witness - Mr. Hedley offers construction expert witness and consulting services. His areas of expertise include:
    • Cost Estimating & Cost of Replacement
    • Defect Analysis and Inspections
    • Claims and Disputes
    • Standard Industry Practices
  • Schedule Delays
  • Contractor / subcontractor Disputes
  • Contracts and Change Orders
  • Field and Project Management
  • Real Estate Expert Witness - Mr. Hedley also offers Real Estate Development and Asset Management expert witness and litigation support services. His areas of expertise include:
    • Standard Practices Of Developers
    • Permits and Approval Processing
    • Architecture, Engineering & Planning Issues
    • Partnership and LLC Disputes
    • Financing, Construction Loans and Banking Disputes
    • Liability and Responsibility
    • Budgets and Proformas
    View George Hedley's Consulting Profile.
    George Hedley
    You can get your construction business to move to the next level, get organized and systemized, build an accountable responsible team, charge the right mark-up, always make a profit, and work exactly the way you want by drafting your BIZ-Builder Blueprint Action Plan.
    George Hedley
    This book tried-and-true methods to help fledgling business owners as well as seasoned ones who are just looking to increase capital and productivity. it offers a step-by-step process to help small business owners get what they want: profits, wealth, and freedom.
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    Catherine Ghiglieri
    President
    2300 Cypress Point West
    Austin TX 78746
    USA
    phone: 512-329-5101
    fax: 512-329-5166
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    Catherine Ghiglieri, former Texas Banking Commissioner, has more than 25 years bank regulatory experience, including 18 years with the Comptroller of the Currency. Ms. Ghiglieri has provided banking expert witness testimony in Federal and State Courts throughout the country. Ms. Ghiglieri founded Ghiglieri & Company, a full service consulting firm, which provides strategic planning, management studies, director training, and assistance with bank regulatory agencies. Ms. Ghiglieri co-founded The Bank Directors' College which provided training for bank directors and is co-author of The Ultimate Guide for Bank Directors and The Ultimate Guide for Bank Directors, Revised Edition.

    Services:
    Ms. Ghiglieri provides expert witness testimony on the following subjects:
  • Bank regulatory practices of the FDIC, OCC, Federal Reserve, and state banking departments
  • Banking industry standards
  • Banking practices and procedures
  • Federal and state banking laws and regulations
  • Bank fraud and Ponzi schemes
  • Check fraud & check kiting
  • Deposit account procedures
  • Directors' and officers' fiduciary duties
  • Corporate governance
  • Fraud detection procedures
  • Bank internal controls


  • Qualifications:
    Ms. Ghiglieri is the former Texas Banking Commissioner and has over 25 years of bank regulatory experience, including 18 years with the Comptroller of the Currency. As Texas Banking Commissioner, Ms. Ghiglieri was responsible for the supervision of the third largest state banking system in the United States, and the regulation of trust companies, foreign bank agencies, prepaid funeral contract providers, sale of check licensees, and money transmission businesses. She served as statutory receiver for failed trust companies, prepaid funeral contract providers and perpetual care cemeteries. Ms. Ghiglieri directed the statutory modernization of all statutes under the Texas Banking Department, most notably, revision of Texas’ 50-year-old banking laws. She made numerous appearances before the U.S. Congress and the Texas Legislature providing testimony on subjects such as financial modernization, and bank and funeral regulation.

    Education:
    University of Notre Dame - BBA in Finance
    Georgia State University - JD

    Licenses:
    Member of the State Bar of Georgia and the District of Columbia Bar.
    10/10/2016 · Banking
    Strategic planning has always been an important function of the board of directors, but it takes on an even more critical role when under the regulatory microscope. The OCC announced that, for the remainder of 2016, it will continue to focus on strategic risk, as banks change their business models to adapt to innovative products and services.

    8/12/2016 · Forgery & Fraud
    Ten years ago, I wrote an article on how banks could minimize their litigation risks. Unfortunately, many of the same schemes are present today as they were ten years ago, such as check fraud, check kiting, elder abuse, bookkeeper fraud, and construction loan fraud. Today, cybersecurity and other high-tech risks are consuming bankers' attention in order to reduce their operational and reputational risks. While these issues are important, here are a few of the low-tech ways in which banks can minimize their litigation risk.

    10/20/2014 · Banking
    Many banks need to add new board members because some are reaching a mandatory retirement age or because others who agreed to stay through the financial crisis now want to rotate off the board. Banks need to keep in mind that they will be under close scrutiny by any prospective candidate who will be conducting due diligence on the bank at the same time the bank is conducting due diligence on the candidate. In order to ensure your bank can attract top candidates for board positions, consider the following before beginning the recruiting process:

    11/8/2013 · Banking
    Directors in community banks are usually picked for two reasons: their expertise and their ability to bring business into the bank. Upon taking their places at the board tables, however, directors immediately learn that while bringing business into their bank is a laudable goal, they also have to ensure that their bank operates in a safe and sound manner. Directors, thus, walk a fine line between these two goals.

    2/27/2013 · Banking
    Strategic risk is currently a focus of regulatory scrutiny and the board of directors should understand what it is and how to manage it. Strategic risk is the risk to a bank's earnings and capital from making poor business decisions, from not implementing business decisions properly, or from failing to respond to industry changes.

    1/22/2011 · Banking
    As more and more banks are being downgraded to a problem bank status in this difficult economic environment, they are facing the prospect of a regulatory enforcement action.

    10/15/2009 · Banking
    Corporate governance refers to the manner in which a company is directed by its board of directors. With the collapse of such companies as Enron, WorldCom, and others, there has been greater scrutiny of corporate governance and the manner in which boards of directors make decisions affecting their companies.

    4/21/2009 · Banking
    For almost thirty years, bank regulators have operated under the Too Big To Fail (TBTF) Doctrine, whereby insolvent large banks are treated differently than insolvent community banks by keeping the large banks open and closing the community banks. Now is the time to do away with TBTF once and for all

    9/30/2008 · Banking
    Bankers are hearing horror stories about examiners’ demands and are confused as to how to plan for their next examination. What should they focus on? And will those things be the wrong things when the examiners come into their bank

    Catherine A. Ghiglieri and Jewell D. Hoover
    The Ultimate Guide for Bank Directors, Revised Edition provides bank directors with practical advice and updated information, including on Basel III, CFPB, cybersecurity and risk management, to guide the bank in a safe and sound manner.
    Catherine A. Ghiglieri and Jewell D. Hoover
    This book provides bank directors with a roadmap for navigating the challenges facing banks today.
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    Gerald M. Levy
    President
    315 Madison Avenue; Third Floor
    New York NY 10017
    USA
    phone: 646-979-3745
    Gerald M. Levy, real estate and banking consultant, serves as arbitrator and mediator of real estate and construction disputes and expert witness on practice standards for real estate lending, construction lending, commercial lending, credit risk, loan guarantees, brokerage, due diligence, negotiation of transactions, landlord/tenant disputes, ground and space leases, restructurings and workouts,real estate fraud analysis, corporate real estate, and real estate valuation.

    He is Professor at NYU and was Managing Director, Real Estate Finance Division, Chase Manhattan Bank; and Senior Vice President and General Manager, Real Estate and Corporate Services Division, Chemical Bank.

    Mr. Levy holds the MAI, CRE, and FRICS designations and is a neutral for American Arbitration Association. He is a New York State Licensed Real Estate Broker and a New York State Certified General Real Estate Appraiser.
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    Douglas E. Johnston, Jr.
    Managing Director
    100 Wilshire Boulevard, Suite 940
    Santa Monica CA 90401
    USA
    phone: 310-917-1075
    fax: 310-393-9205
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    Douglas E. Johnston, Jr., is an expert witness in banking and corporate finance. He has 30 years experience across the US in senior management of leading Banking, Private Equity/Mergers and Acquisitions and Real Estate companies.

    Trained at a major AAA-rated East Coast bank, honored early in his career as a bank President, and confirmed by regulators in a Class 1 rated bank, Doug Johnston managed five full-service banking offices in Texas and California over 11 additional years, before expanding into mergers & acquisitions as EVP-Finance and Administration and a Founding Father of the largest private company in Los Angeles. He has due diligence, negotiation, documentation, and monitoring experience including as a lender, borrower, buyer, seller, manager and/or co-investor in hundreds of transactions including the service, technology, manufacturing, and real estate sectors across the US and also in Europe, with over $2 Billion in closed transactions. His over 3 decades in banking and finance management includes Bank Operations, Regulations, Credit Underwriting, Financial Statements, Commitments, Loan Agreements, Deeds, Guarantees, Purchase and Sale Agreements, Ventures, and Equity Partnerships, plus analysis of the strengths and weaknesses of the parties. Doug is a published author on banking and finance topics since 2008, he is a past President of the Century City Rotary Club, and he is a frequent speaker to Advance Placement high school juniors in South Central Los Angeles under the Youth Business Alliance program.

    Litigation Support – Five Management, LLC and Doug Johnston provide complex business litigation support in Banking, Mergers and Acquisitions, Private Equity, Due Diligence and Lender Liability for counsel representing Plaintiff and Defense. Mr. Johnston has provided litigation support in breach, misrepresentation, fraud and other actions in complex Business, Family and Employment cases since 2010.

    Areas of Expertise:
    • Banking & Lending
    • Policy & Regulations
    • Mergers & Acquisitions
    • Corporate Finance
    • Private Equity
    • Due Diligence
    • Operating Management
  • Leveraged Buyouts
  • Equity Syndications
  • International Business
  • Foreign Currencies
  • Hedging
  • Commodities
  • Marketing & Development
  • View Douglas Johnston's Consulting Profile.
    1/17/2017 · Real Estate
    Experts in the emerging field of data analytics now provide attorneys with powerful new tools to transform and evaluate 'data dumps' exchanged during legal discovery. While many national-scope firms have developed in-house data analytics skills, regional and local firms now also have full access to third party state-of-the-art processing algorithms and optical scanning software that convert paper images to analyzable data. Over the past five years, refinements in data analytics techniques and document review software have moved to the forefront of litigation support to dramatically change the landscape of discovery. To improve case outcomes, outside experts in data analytics look to: 1) get more out of the available case data, 2) reduce human error and risk, and 3) save 30-70% (or more) in costs and time. Several examples below illustrate the case for advanced analytics.

    2/26/2016 · Banking
    Negative interest rates are a confusing topic and they may be heading to the U.S. this year. Many Americans ask what they mean and why this is all happening. Since 2014, leading European central banks have initiated 'negative interest' policies as an economic stimulus measure by means of large government-issued or sovereign bond activities. Negative rates begin where major buyers of low-risk government bonds agree to accept a return less than their original investment when the bonds mature. Since Government bond rates are the bellwether for corporate bond rates, these once-improbable 'negative interest' bonds soon become a major influence in major bank bond portfolios. The Federal Reserve and U.S. banks are now looking at them.

    7/10/2015 · Banking
    While financial market observers in the US remain focused on the timing and magnitude of the Fed raising target interest rates over the months ahead, European bond markets have begun to experience just the opposite - the never-before-seen phenomenon of actual negative bond market interest rates. Since the Global Crisis of 2008, which saw both the Fed and foreign central bankers seeking both to calm markets and to encourage growth by reducing rates to the 'zero bound,' interest rates for bellwether German bonds and across Europe in late 2014 crossed into negative territory, and for the first time in world history.

    6/12/2015 · Finance
    As billionaire Warren Buffet once noted, "Price is what you pay. Value is what you get." Interested buyers, investors and bankers looking at new initiatives with companies often share similar objectives in 'kicking the tires' to be sure a target company has properly documented its business activities. On the other side of the transaction, the subject company's Founder, Board of Directors, CEO, Chief Financial Officer, Chief Operating Officer, Accounting and/or other departments can find themselves overwhelmed by the volume of documentation requests. Third parties can test the bounds of both courtesy and reasonableness before committing to and funding a new transaction.

    5/12/2015 · Finance
    The emergence of structured finance products over twenty-five years ago enabled major commercial banks and investment houses to develop higher volumes of real estate, credit cards, automobiles and other asset-based loans in new and often more profitable ways. Historically, lenders normally generated these types of loans as portfolio loans, where the bank kept and monitored these loans on its own balance sheet and at its own risk. But beginning in the late 1980's, banks began to investigate taking an intermediary or conduit role for certain types of loan portfolios. When generating loans which met the advance underwriting criteria of large investors, banks and loan originators recognized they could simultaneously generate large fees and also promptly move these 'tailored' loan portfolios off the bank's books, by pre-packaging them for investor third parties.

    4/14/2015 · Finance
    "When it happens to you, you'll know it's true." Old Proverb A financial expert witness experienced in the due diligence process and in complex business negotiations can help unlock the valuation issues at the core of many business disputes. Merger and acquisition-related lawsuits can become an exercise in piecing together both the timing and materiality of various communications by representatives from both parties. Analysis of the specific due diligence activities undertaken and the data exchanged can yield key answers. With a full understanding of the processes and communications developed in due diligence and underwriting, business disputes can be more readily resolved.

    3/12/2015 · Economics
    Several important economic factors appear to be moving unfavorably for the US at the moment, both domestically and abroad, and there are increasing indications that America may not be able to orchestrate a global resurgence on its own. Despite encouraging signs of domestic recovery, fundamental structural problems persist in the US economy. The National Debt now exceeds $18 Trillion, the Department of Agriculture confirms that well over 46 million Americans continue on food stamps, and key voices have stepped forward asking for a deeper look at several U.S. economic statistics. Last week long-time Gallup CEO Jim Clinton very boldly drew attention to the government's recent 5.6% unemployment numbers, questioning them as overly optimistic interpretations of data, and noting on CNBC that the percentage of Americans holding full-time jobs is now the lowest in 60 years.

    2/13/2015 · Finance
    With the Federal Reserve's wide-ranging efforts to address the ongoing Credit Crisis through unprecedented money-creation activities, we are now likely witnessing the final phases of the U.S. Dollar's 64-year reign as the primary global reserve currency. Few Americans understand the implications of this dramatically unfolding global sea-change.

    1/14/2015 · Finance
    The global monetary system which was laid out by the Allied nations at Bretton Woods, New Hampshire, in 1944 is nearing its end, and daily we move closer to the threshold of a financial new world order. The United States, having created the most powerful economic system yet devised by man, and having earned global 'reserve currency status' for the US Dollar through America's unequalled military and economic power as the victor of two World Wars, is now nearing the unthinkable loss of the global financial dominance of the Dollar. Following the residential real estate 'Bubble' of 2002-2006, the sub-prime Credit Crisis of 2007, and the broader global financial meltdown which has followed, the U.S. has experienced dramatically declining levels of core lending & general economic activity.

    5/11/2015
    "In his most recent article about the never-before-in-history advent of negative interest rates in Europe and the U.S., Douglas E. Johnston, Jr., Founder and CEO of California-based Five Management, LLC advisors addresses some of the early implications of this startling new market frontier, which was not even envisioned by John Maynard Keynes, the founder of modern economic theory."
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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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    E. Robert Miller
    President, CPM, CIPS, CMC
    330 Primrose Road, Suite 606
    Burlingame CA 94010
    USA
    phone: 650-373-0705
    fax: 650-373-0709
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    E. Robert Miller has over 40 years of service to the real estate profession and has unrivaled expertise in Property Management Techniques. As President of E. Robert Miller & Associates, he provides Expert Witness Consulting and trial work, educational services and business development services.

    Mr. Miller has served on over 1,000 cases as an Expert Witness or Consultant in the property management field since 1996. He was the 2004 Northern California Expert Witness Association President. Mr. Miller's experience and thoroughness in research, depositions and trial situations makes him your best choice for an expert witness in property management litigation.

    Areas of Expertise
  • Accident or Assault - Safety/Security Conditions
  • Improper Eviction
  • Unpaid Rent - Habitability Standards
  • Contractor Dispute
  • Partnership Dispute
  • Bankruptcy
  • Animal Control
  • Security Deposits
  • Association Board Responsibilities/Management Duties
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    James E. Fitzgerald
    Executive Managing Director
    1601 Elm Street
    Floor 33
    Dallas Texas (TX) 75201
    USA
    phone: 9728001524
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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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    Lee E. Tabas
    355 W. Lancaster Avenue
    Building E, Suite 1
    Haverford PA 19041
    USA
    phone: 610-896-2400
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    CONSULTANT / EXPERT WITNESS /TRUSTEE

    Ability to help through experience in banking and investing: loans, deposits, administration, collection, leadership, liability, conflicts of interest and documentation. Experience as a Trustee for Trusts and Foundations. Track record of helping entrepreneurs with growth. Strong capabilities testifying in court on legal matters.

    SKILL SUMMARY

    Background in community banking and entrepreneurship. Outstanding ability to communicate and explain procedures and concepts in understandable terms. Engineering education. Entrepreneur skilled in training staff in exceptional client service and relationship management. High energy professional known for intelligence, action, and integrity. Trusted adviser to bankers and business owners.

    CAREER HISTORY

    Current – Principal of TABASFUNDING, Consultant, Trustee
    TABASFUNDING 2000 – Present President and CEO
    Successfully provide venture capital and business funding for entrepreneurs to acquire or expand businesses. Please see website www.TABASFUNDING..com for further information.
    Trustee– currently serves as Trustee for 8 Trusts and Foundations. Administer all aspects of 5 Trusts and a Foundation through my office.
    Consultant- Provide banking consultation; business consultation, expert witness consultation.
    Philadelphia Philadelphia University 1998 – 2013
    Executive in Residence and Adjunct Professor of Banking and Finance
    Royal Bank of Pennsylvania, 1980 – 1999, President
    Riverfront Restaurant and Dinner Theatre 1975-1980 Executive Vice President and Principal
    Lincoln National Bank 1972-1979 Staff Positions, Assistant Manager, Manager, VP Started as a trainee and finished last position as Vice President

    REFERENCES

    Frederick C Peters, II, Former CEO of Bryn Mawr Trust, currently Principal of Blue Stone Capital Management, 610 337 6500, tpeters@bluestonecm.com
    Allen L. Rothenberg, Esq., 215 732 7000, allen@injurylawyer.com
    Gregory S. Barsh, Esq., Executive Coach, Speaker and Consultant, 610-745-4734, gregorybarsh@gmail.com
    Pamela Delissio, State Representative 194th District, 215 482 8726, pdelissio@pahouse.net
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    John B. Schnure
    President
    224 Orchard Road
    North Barrington IL 60010-2155
    USA
    phone: 847-372-3009
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    John B. Schnure, President of Cambria Associates, has 40 years of experience in Banking, Bank Management, Lending, Loan Review Due Diligence, and Commercial Real Estate. He has worked with Cambria Associates for over 25 years and has worked with over 100 banks as clients over the years.

    Background - Mr. Schnure holds an MBA from Columbia University with majors in International Business and Real Estate, and a BBA from University of Cincinnati with a major in Finance. He has post-graduate study at Dartmouth College and University of Virginia Business Schools. Mr. Schnure has been President and CEO of three Chicago area banks/thrifts, and prior to that was Vice President of The Northern Trust Company in commercial lending and management.

    Litigation Support - John B. Schnure has successfully completed 15 expert witness engagements in the last 3 years in banking, lending, and/or real estate. The clients he represented prevailed in each case. His expertise is available to counsel representing both debtors and creditors.

    Areas of Expertise:
    • Bank Fraud
    • Banking Negligence
    • Due Diligence
    • Loan Policies
    • Banking / Regulatory Practice Violations
    • Underwriting
    • Closings
    • Servicing
    • Loan Review / Administration
    • Regulatory Repair
  • Role of Auditors
  • Insider Transactions
  • Workouts
  • Bankruptcy
  • Fiduciary Duties
  • Landlord / Tenant Disputes
  • Check Kiting
  • Lender Liability
  • Loan Document Compliance
  • Commercial Real Estate Lending
  • View Cambria Associates' Consulting Profile.
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