Banking / Lender Liability Expert Witnesses

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

Jay Hibert was in the Commercial Banking Industry for over 25 years before leaving to form his own company, a real estate lending and consulting company. The company provides services to banks, non-banks, and individuals in need of creative financing solutions.  Still an ACTIVE lender in the industry, Jay stays updated on current customs and practices and has transacted hundreds of real estate and non-real estate loan negotiations in times of economic growth as well as downturns in the economy. His extensive credit background arms him with the understanding of how banks and other lenders operate internally.  

Litigation Experience - Mr. Hibert has been providing expert witness and consulting services since 2010. He has been designated over 250 times as an expert in 25 different states concerning matters relating to commercial lending, real estate, construction finance, SBA loans, brokerage, hard money loan expert and investment issues. His experience includes both Federal and State court cases where he has provided deposition testimony, trial testimony and arbitration testimony. 

Jay is a licensed Real Estate Broker (Cal DRE #01523) and for 10 years his company was a California Finance Lender and Broker through the California Department of Business Oversight. He is experienced in trial and deposition testimony and his services are available to counsel representing both Plaintiff and Defense. 

Key areas of expertise in litigation work include:

• SBA Real Estate Loans
• Hard Money Loans
• Lending Policies, Custom and Practice/Lender Liability
• Broker Standards of Care and Fiduciary Responsibility
• Loan Underwriting and Credit Administration
• Loan Process and Bank Loan Restructure/Workout Process
• Note Valuations/Collateral Review
• Litigation and Discovery Consulting
• Banking Operations/Administration
• Expert reports adherent to Federal Rule 26
• Hard Money Lending
• SBA Lending
• Loan Syndication/Secondary Market Loan Sales
• Title Insurance Cases
• Private Money Lending
• Predatory Lending
• Financial Elder Abuse
• Covid Related Finance Issues

*****Experienced in trial and deposition testimony*****

View Jay Hibert's Consulting Profile.

Max Holmes has over 40 years of experience as a portfolio manager, research analyst, board member, lawyer, NYU Professor and expert witness.

Max Holmes has been an Expert Witness in various Federal & State Cases including Jury Trials / AAA, FINRA, ICDR & JAMS Arbitrations / Mediations.

Since 1993, Max Holmes has been an Adjunct Professor of Finance at the Stern Graduate School of Business at New York University, teaching "Bankruptcy and Reorganization."

Max Holmes has been the Chief Investment Officer / Lead Portfolio Manager for two large hedge funds ($2.7 billion and $5.4 billion of peak assets under management) as well as a small insurance company portfolio and a small mutual fund portfolio.

Mr. Holmes has been the Chair, Chief Executive Officer and Director of a life, health and annuity insurer and reinsurer.  Mr. Holmes has been a Vice Chair and Director of a large crypto bitcoin mining company.

Mr. Holmes worked in investment banking, research, trading and capital markets at Drexel Burnham Lambert, Salomon Brothers, NatWest Markets and Royal Bank of Canada.  Since 2015, Max Holmes has been a Senior Advisor to American Industrial Partners LLC, a private equity firm with $17.8 billion of assets under management.    

Max Holmes is a lawyer (member of the NY, TX and DC bars), has served on numerous boards of directors, and has previously held FINRA licenses for securities (Series 3, 7, 9, 19, 16, 24, 56 and 63), RIA, ERISA QPAM, Federal Reserve, FDIC, insurance, mortgage origination and servicing, municipal waste, FERC, ISO, and gaming in Nevada, New York and Canada.

Mr. Holmes is a graduate of Harvard College, Columbia Law School and Columbia Business School.

Areas of Expertise:

Richard George is a Banking Expert Witness with 30 years of experience as a Commercial Banker for a global bank with emphasis in commercial real estate underwriting.  Formerly community bank CEO. Twenty-five years as expert witness.  Have Testified at deposition and at trial more than 50 times for major law firm clients.  Have testified for both Plaintiffs and Defendants.

Ideal Client Engagement - Major law firm acting on behalf of major banks in cases involving board-level issues.