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Deposition Designation Station
 

Real Estate: Agent / Broker - Standard of Care Expert Witnesses

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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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    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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    Jeffrey S. Lapin, CPM®
    3500 Cincinnati Ave.
    Suite 325
    Rocklin CA 95765
    USA
    phone: 818-448-9100
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    Jeffrey S. Lapin, CPM®, is an expert in maintenance and management procedures and reasonable standards of care for commercial properties. He 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 (IREM®) and a California licensed Real Estate Broker. Mr. Lapin is a certified instructor for IREM® and for the Building Owners and Managers Institute International (BOMI®), teaching courses for these prestigious international property associations, including courses required by IREM® and by BOMI® for the respective professional accreditations they offer, centered around construction and maintenance topics.

    He also served as President of the Institute of Real Estate Management (IREM®) Chapter 22 in Sacramento, California in 2016. Mr. Lapin remains on the board of directors for IREM Chapter 22, presenting educational programs for IREM®. He is also Co-chair of the Commercial Advisory Counsel for the Sacramento Association of Realtors®.

    Mr. Lapin specializes in Property Maintenance and Upkeep, Management Policies and Procedures, 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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    Real Estate Broker & Educator
    1569 Solano Avenue, #426
    Berkeley CA 94709
    USA
    phone: 510-525-2694
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    Lois Kadosh is a Real Estate Broker who has served attorneys as a Consulting Expert and Expert Witness since 1987. Her services include Pre-Litigation Case Evaluation and Litigation Support. Ms. Kadosh has testified to the standard of care and practices of California sales agents and supervising brokers with respect to Real Estate Transactions at more than 65 depositions,9 trials and 4 arbitrations. 

    A real estate educator since 1983, Ms. Kadosh has written and taught numerous courses, including Real Estate Practice at UC Berkeley Extension and Ethics courses. She is the revision author of the Real Estate Practice Instructor and Student Study Guides for the California Community College system. Ms. Kadosh authored the Ethics chapter for the McGraw Hill Real Estate Handbook. 

    Areas of Expertise:

    • Real Estate Ethics
    • Agency Relationships
    • Fiduciary Duty
    • Due Diligence and Disclosure
    10/5/2018 · Real Estate
    Real Estate licensees cannot practice real estate in a vacuum; knowledge of real estate laws, codes of ethics, agency relationships and disclosures all merge together to give them the basis from which they may effectively practice and continue to build their competence, confidence and professionalism.

    10/30/2012 · Real Estate
    Throughout the country, real estate agents are celebrating the wonders of sending contracts and disclosures to their clients electronically. The paperless transaction has become an admirable and reachable goal with the unintended side effect of increasing risks in real estate transactions.

    11/4/2011 · Real Estate
    Much of an individual's success as a real estate broker or salesperson is built on the good reputation he or she develops with buyers, sellers, affiliates and other licensees. Staying on a steady course, however, is not as easy as it seems. In fact, licensees may actually lose business, particularly with sellers who do not want their agent to disclose everything he or she knows about the subject property.

    9/29/2011 · Real Estate
    Licensees cannot practice real estate in a vacuum; knowledge of real estate laws, codes of ethics, agency relationships and disclosures all merge together to give them the basis from which they may effectively practice their craft and continue to build competence and confidence.

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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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    Robert S. Griswold, CRE, CPM, CCIM, PCAM, CCAM, GRI, ARM
    5703 Oberlin Drive
    Suite 300
    San Diego CA 92121
    USA
    phone: 888-606-0617
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    Robert Griswold Real Estate Management Expert PhotoRobert S. Griswold, CRE, CPM, CCIM, PCAM, CCAM, GRI, ARM, has over 30 years of specialized experience in the field of Real Estate Management. He is currently active as a day-to-day hands-on, licensed practitioner, consultant, and expert witness in all aspects of real estate (except valuation).

    A 3-time graduate of the distinguished Marshall School of Business at the University of Southern California with a BS ('81), MBA ('86) and MSBA (2nd Masters) ('88) in real estate and related disciplines, Mr. Griswold is a recognized expert on management of all types of residential real estate. He has actively managed over 60,000 residential units and several million square feet of commercial, industrial, self-storage and retail properties nationally. He has extensive experience as a court-appointed receiver (over 160 times) for private lenders and major financial institutions.

    Litigation Support - In the last 20+ years, Mr. Griswold has consulted on over 1,800 litigation matters, has been deposed over 300 times, and provided sworn testimony in trial or arbitration on over 100 occasions in both state and federal litigation matters throughout the United States. Also serving as a court-appointed bankruptcy Custodian and Referee, his case work is very evenly divided between plaintiff and defense work.

    Mr. Griswold is uniquely qualified to opine on real estate related litigation matters having authored or co-authored the 3 best selling real estate books: Real Estate Investing For Dummies; Property Management Kit For Dummies; and Landlord's Legal Kit For Dummies. His 15+ years as an On-Air NBC-TV Real Estate Expert and a similar tenure as a major radio station weekly talk show host have prepared him to present opinions to juries.

    Areas of Expertise:
    • Property Manager or Broker Fiduciary Duty
    • Transactions
    • Lease / CAM Disputes
    • Lease Mitigation
    • Premises Liability - Trip & Fall
    • Maintenance or Failure to Maintain
    • "Slumlord" Allegations
    • Health & Safety or Personal Injury
    • Wrongful Death
  • Property Inspections
  • Water Intrusion, Mold
  • Bed Bugs
  • Fair Housing, Discrimination
  • HUD Management Issues, Criminal Acts
  • Management / Receiver Fees
  • Transfer Disclosures, Misrepresentation, Negligence
  • Negligent Hiring, Supervision, Termination
  • Association Board Duties and Negligence
  • View Robert Griswold's Consulting Profile.
    Robert S. Griswold, et al
    Do you want to get involved in real estate investing, but aren't quite sure where to start? Real Estate Investing For Dummies is your go-to resource for making sense of the subject, offering plain-English, step-by-step explanations of everything you need to know to keep yourself one step ahead of the competition. Inside, you'll discover how to overcome the challenges of the market, take advantage of the opportunities in any real estate environment—including a down market—and so much more.
    Robert S. Griswold
    A comprehensive guide to the laws and legalities of renting property. This one-stop legal reference provides both guidance and the correct forms that help landlords avoid tenant issues, which could lead to legal ramifications. From screening potential tenants to handling your own insurance and taxes, you'll find expert insight in this easy-to-read style that simplifies complex legal matters into understandable terms. The book includes access to all the needed legal forms in both English and Spanish, and contains current information about applicable codes, ordinances, and policies across the country.
    Robert S. Griswold
    Thinking about becoming a landlord? This book gives you proven strategies for establishing and maintaining rental properties, whether a single family or multi-resident unit. You'll find out how to prepare and promote your properties, select tenants, handle repairs, avoid costly mistakes and legal missteps—and meet your long-term goals.
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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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    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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    Hon. Steven Cohen, (Retired), JD, MBA
    President
    2530 Wilshire Blvd.
    3rd Floor
    Santa Monica CA 90403
    USA
    phone: 310-315-5404
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    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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    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.
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    Norman Katz
    Managing Partner
    18881 Von Karman, Suite 1175
    Irvine CA 92612
    USA
    phone: 949-263-8700
    fax: 949-263-0770
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    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 40 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
  • Loan 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