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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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    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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    Gerald M. Levy
    President
    11 W. 42nd Street, Suite 508
    New York NY 10036
    USA
    phone: 212-992-3408
    fax: 212-992-3686
    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 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
    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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    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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    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.