Real Estate: Lease Audits Expert Witnesses: 11

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

Owen Ahearn, CPM, has over 35 years of experience in Premises Liability, managing and maintaining Residential and Commercial Real Estate.  He is a Certified Property Manager®, an Accredited Residential Manager®, an Accredited Commercial Manager® and a Public Housing Manager®.  He also holds an OSHA 30 Hour General Industry certification.

Mr. Ahearn has extensive experience managing federal property (Federal Deposit Insurance Corporation, Resolution Trust Corporation, United States Marshals Service) and private real estate throughout most of New England. He has managed and maintained commercial and residential real estate including single family homes, duplexes, triple-deckers and multi-unit dwellings, condominium associations, home-owner associations, and commercial plazas. 

Litigation Support - Mr. Ahearn is an experienced Expert Witness with expertise in property management, property maintenance, reasonable standards of care, and risk management throughout the United States as well as Canada. His services are available to attorneys' representing plaintiff and defense and include site inspections, reporting, depositions, and trial testimony.

Areas of Expertise:

Reasonable Standards of Care Premises Liability Property Management Real Estate Management Property Maintenance Real Estate Management Management Neglect Condominium Associations Home Owner Associations Public Housing Maintenance Public Housing Management Snow Management Snow Removal

Smoke Detectors Carbon Monoxide Detectors Board of Health Issues Bed Bugs Pest Control Exterminations Fires Floods Slips and Falls Walkways Decks Railings Parking Lot Maintenance

View Ahearn Realty Management's Consulting Profile.

James H. Cantrell, CPM®CAM is a recognized Real Estate Property Management Expert with over 40 years experience. He has served as an expert witness for over 15 years in over 300 cases throughout the country. He is active in day to day management.   Mr. Cantrell has managed a variety of product types, apartments, high-rise office, condominium  association management, industrial/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. He is experienced in Case analysis and Court testimony.

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 has formed Cantrell Associates which provides property management, litigation support, and expert witness services.  He is a CA Real Estate Broker.  He was an Associate Professor at Golden Gate University for 9 years teaching a  Real Estate Asset/Property management course in the MBA program. He is a graduate of the University of Miami and holds the Certified Property Manager  (CPM) designation from the Institute of Real Estate Management (IREM) where he has been on the faculty for 30 years teaching many courses throughout the United States, Russia and Poland.   

He has an extensive career starting 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 300 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, Custom and Practice Property Damage Personal Injury Habitability Landlord / Tenant Maintenance or Failure to maintain Wrongful Death Brokerage disclosures, Negligence

Premises Liability- Trip & Fall Water intrusion, Mold Issues Receiverships Lease Interpretation Partnership Agreements Trust Properties Infestations, bed bugs, vermin Association Board Duties and Negligence

View James Cantrell's Consulting Profile.

Rick Rivera is a Commercial Real Estate Professional and Shopping Center Property, Asset Management, and Brokerage Expert in Southern California. In the real estate business for 30 plus years. 

Mr. Rivera is currently Principal of CBM1, Inc. transacting hundreds of leasing and sales deals per year with a team of 12 agents. 

Former President of Centers Business Management (CBM), overseeing 11 million square feet of shopping centers, thousands of tenants, several hundred landlord clients and dozens of property managers and leasing agents. Clients included private and institutional investors.

Areas of Expertise:

Standard of Care Premises Liability Commercial Property and Asset Management

Industry Custom and Practice Lease Transaction Oversight Landlord and Tenant Representation

Litigation Support - Mr. Rivera offers expert witness services in cases involving commercial real estate. His services are available to attorneys for plaintiff and defendant and include thorough reporting, deposition, and trial testimony as needed. He has also served as a court appointed receiver.

Lawsuit Experience:

Landlord Vs. Tenant Disputes Deferred Maintenance Mismanagement Claims Landlord Vs. Broker Disputes

Premises Liability Partnership Conflicts Standard of Care Duties Dual Agency and Conflict of Interest

View CBM1's Consulting Profile.

Jack G. Cohen has been involved in the Private Money Lending and  Real Estate Industry for over 30 years. He is currently the managing member and director of a private money real estate lending, real estate development, and investment property management company. He is also the San Fernando Realty Real Estate Investment director of the California Bureau of Real Estate. 

Mr. Cohen has experience with commercial, residential, and retail real estate, and construction lending.

Litigation Support: Mr. Cohen has been retained as an expert witness in Real Estate related cases over 50 times since 1990. He represents both Plaintiff and Defense and is experienced with complex cases. His services include thorough reporting, depositions, and trial testimony as needed.

Areas of Expertise:

Private Money Lending Credit File and Qualifications  Appraisals Evictions Foreclosures Industry Standards Title Reports Property Management

Tenant and Landlord Issues Brokers and Investor Relation Finance and Documentation Sales and Leasing Insurance Claims Loan Servicing Escrow

Dick Bridy, PhD, is a Commercial Real Estate expert and entrepreneur with over 40 years of Commercial Real Estate Development, Brokerage, Investment, Leasing, Private Equity Sourcing, Operations, Construction, and Asset Management experience. He is the CEO of DBI Group (DBI) and Bedrock Investments Group (BIG), Bedrock 1st Mortgage, DBI Commercial Real Estate, and a principal of DBI Asset Management. 

Background Experience - Dr. Bridy and his team entitled and built two shopping centers and five single tenant properties. In addition, he has contracted for the redevelopment of over 3.5 million sq. ft. in 14 shopping centers in the Midwest and the Western US.

An accomplished scholar, Dr. Bridy is a graduate of the Wharton School at the University of Pennsylvania with a B.Sc. in Economics. His graduate studies garnered academic honors recognition from the San Diego State University Graduate School of Business, the Marshall School at the University of Southern California, and the University of Phoenix, from which he received an MBA, EMBA, and PhD respectively.

For decades, Dr. Bridy has served on the boards of many prominent real estate organizations, including the National Association of Realtors, California Association of Realtors, San Diego County Commercial Association of Realtors, and CCIM.

Litigation Support - Dr. Dick Bridy delivers real estate expert witness testimony for the commercial real estate and brokerage industry nationwide. He has been engaged by both plaintiff and defense attorneys. As a commercial real estate CEO, investor, developer, asset manager, broker, and syndicator, Dr. Bridy is an excellent communicator, honed by many years in leadership and advisory positions in the commercial real estate industry and as a Marine Corps officer.

Services include consultation, case review, technical investigation, IME’s, research, laboratory work (in-house or otherwise), report preparation, depositions, arbitration, mediation, court appearances, standby, cancellation of court deposition, and travel. 

Areas of Expertise: 

Asset Management Property Management Portfolio Management Commercial Litigation Premises Liability Disclosure Fraud

Development and Redevelopment Insurance Realtor Fiduciary Matters Constructive Eviction Lease Disputes Discrimination Entitlements

View Bedrock Consulting Group's Consulting Profile.

Robert S. Griswold, CRE, CPM, CCIM, ACoM, RPA, 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 30+ years, Mr. Griswold has consulted on over 4,000 litigation matters, has been deposed over 700 times, and provided sworn testimony in trial or arbitration on over 200 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 12 best selling real estate books: Real Estate Investing For Dummies; Property Management Kit For Dummies; Mortgage Management 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.

Petru Corporation is a full service land consulting company offering a full line of Title, Natural Resources, and Land services.

Incorporated in 1986, Petru serves the needs of the title, title insurance, oil, gas, mineral, geothermal, wind, solar, mining, environmental, and right-of-way industries; legal, engineering, subdivision, developers, and land planning professions; government; lending and trust institutions; water purveyors; utilities; real estate companies; and the individual and business communities.

Petru Corporation and Tim Truwe were featured on Enterprises TV, aired on Fox Business Network and were published in Black Gold in California, the story of the California Petroleum Industry and also in The Business Elite, Corporate America.

Consulting Services:

Title Consulting Title Searching Title Examining Title Reports Title Engineering Title Insurance Plot Descriptions and Easements Map Drafting and Map Review Property Inspections Right of Way/Easements Water Rights

Leasehold Estates Oil, Gas, Mineral and Mining Consulting Subdivision Map Act Negotiate Oil and Gas Leases Regulatory Consulting Permitting/Regulatory Title Insurance Underwriting Support Title Insurance Claims Due Diligence Acquisitions and Divestitures Mining Claims

Timothy B. Truwe, President and Chief Financial Officer of Petru Corporation, is a Registered Professional Landman (#23542) and a Registered Environmental Property Assessor (#569045). He specializes in Title, Natural Resources and Land Matters issues and offers a full line of title, and land services.

Background - Mr. Truwe started his career in 1973 in the title, resource, and regulatory industries. His career includes employment and training at Ticor Title Insurance Company (now Chicago Title Co.) as Title Searcher, Title Officer, and Title Engineer. He also worked at Ogle Petroleum Inc., as Assistant Land Manager in the Land/Legal Department. His responsibilities at Ogle included both onshore and offshore assets and the technical and administrative oversight of several thousand parcels of land and leases in excess of one million acres.

Christopher Hanson, JD, CCIM, has over 44 years of experience in the Real Estate Industry. A retired trial lawyer of over 25 years who's dealt exclusively with real estate cases, Mr. Hanson currently provides subject matter expertise in all areas of real estate litigation.
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Background Experience - As a California real estate trial attorney, Mr. Hanson has participated in over 880 Trials, Arbitrations, and Mediations (only 3 UDs). Cases have included negligence, fraud, non-disclosure, breaches of fiduciary duty, and contract. He's defended and sued brokers and their insurance companies. He has represented bidders, borrowers, and banks in regard to foreclosures; and both sides in loan workouts, and worked with national chains doing state-wide store rollouts, and lease renegotiations.  

Prior to his time as an attorney, Mr. Hanson worked for 12+/- years as a Real Estate Broker, actively selling and leasing property (commercial and residential). He holds a CCIM designation, earned by doing deals.  Before his role as a broker, he spent 7+/- years as a title insurance company Advisory Title Officer, where he researched and wrote Preliminary Reports.

Litigation Support - Mr. Hanson offers a balanced and unbiased opinion. His services are available to attorneys representing plaintiff and defendant and include document review, depositions, and discovery, along with arbitration and mediation. His opinion takes into account all the technicalities and nuances of real estate along with his 4 decades of experience, and is delivered in a way a jury can easily understand. 

Areas of Expertise:

Real Estate Standard of Care Boundary Disputes Easements Breaches of Fiduciary Duty or Contract Real Estate Non Disclosure Lease Negotiations

Real Estate Fraud Partition Negligence Title Insurance Foreclosures Loan Workouts

Steven D. Epcar, CPM an Expert in Real Estate and Property Management Issues with 35+ years of experience;including residential, commercial, retail, hotel, condominium and mixed-use properties. Experienced in litigation support including standard of care, partnership conflicts, brokerage issues,landlord/tenant, valuation, personal injury, habitability, environmental, life safety cases. 

Steven is a member of the Forensic Expert Witness Association (FEWA).  He serves as a real estate consultant for institutional and private investors, providing an array of services: asset/property management related assignments, organizational assessments, financial feasibility, due diligence,and new development services. 

Previously, Mr. Epcar served as President, Residential Services for Carmel Partners a R/E investment/management firm in San Francisco, Principal/Founding Partner of Ventana Property Services, a West Coast third party management and consulting firm and President,Prometheus Management Group,a development/investment/management firm.

Areas of Expertise:

Standard of Care Issues Personal Injury Matters Partnership Conflicts Tenant-In-Common (TIC) 1031 Exchange Assessments Security/Life-Safety Issues Lease Compliance Issues Environmental Matters

Habitability Landlord / Tenant Disputes Fiduciary Duty Issues Property Inspections Contractor Defects and Disputes Premises Liability Real Estate Broker Duties Rent Control Compliance/Violations

Andrew Shedlin, BA, JD, CRX, CLS, CSM, is an acknowledged industry leader in the field of Real Estate Leasing. He specializes in consulting on the Development, Management and Leasing of Shopping Centers & Airports for both developers and retailers. Mr. Shedlin serves as a developer and consultant for dozens of shopping center landlords and tenants. He also has extensive experience in Airport Retail and Restaurants as both landlord and tenant.

Mr. Shedlin has developed or redeveloped more than 35,000,000 square feet of shopping centers as principal or consultant and at all of the top 50 airports in the US, and negotiated more than 15,000 leases as principal, consultant, landlord or tenant (as a business person and attorney), his clients have included dozens of international, national, regional, and local retailers and restaurants. Mr. Shedlin is a longtime member of ICSC’s faculty of the John T. Riordan School for Professional Development and a founding member of ICSC’s CLS Admissions and Governing Committee. He has received the ICSC Trustee’s Distinguished Award, serves on the ICSC Illinois State Committee and was previously NY/NJ state director for ICSC. Mr. Shedlin has taught at both Columbia University Graduate School of Business and Georgetown University Law School and holds a JD from Boston University. He frequently lectures at business schools, law schools, and for industry groups on Shopping Center Leasing, Understanding Leases, and Business Ethics.

Litigation Support - Considered the definitive industry expert in negotiating and interpreting shopping center and airport leases, Andrew Shedlin has worked as an expert on dozens of landlord / tenant disputes involving Interpretation and Enforcement of Leases and Shopping Center Management. He has worked with major law firms in numerous cities throughout the US. His services are available to counsel representing plaintiff and defendant and include written reports, depositions, and trial testimony as needed.

Areas of Expertise:

Mall Leasing Airport Leasing Landlord / Tenant Disputes

Lease Interpretation Lease Enforcement Shopping Center Management Development & Redevelopment

Background Experience:

• Halperin, Shivitz, Scholer & Steingut - Associate
• Arlen Shopping Centers - Executive Vice President & Counsel
• Equity Properties and Development Company - Executive Vice President (responsible for leasing and development)
• Previously owned and operated 2 retail businesses
• Facilitated entry of several international retailers into the US market
• Authored several chapters in real estate publications on subjects of leasing and understanding the lease
• Co-authored definitive audio tape on lease negotiations
• Frequently quoted in media publications