Commercial & Real Estate Finance & Financing Expert Witnesses: 14

Education:

• Princeton, 1964 (B.A., Economics, with honors)
• NYU Business School, 1966 (MBA, Top of class)

Expertise: Mr. Purcell has over 50 years of experience in every area of investment banking including the following:

• Mergers & Acquisitions
• Leveraged Buyouts and Recapitalizations
• Fairness Opinions and Fairness Issues
• Adequacy Opinions
• Solvency Opinions
• Bankruptcy issues, including fraudulent conveyance
• Valuations
• Advice to Special Committees of Boards
• Due Diligence and Disclosure Issues
• Fiduciary Issues
• Damage issues and analysis
• Lender Liability
• Fee issues
• Document Interpretation and Standards from investment banking point of views
• Criminal cases involving alleged securities violations and insider trading
• Financing of Debt and Equity (both public and private, taxable and tax-exempt, including structured financings)
• Venture Capital
• Leasing and Real Estate Financing

Background: William H. Purcell has been an Investment Banker for over 50 years. He was a Managing Director at Dillon Read for almost 25 years and has been a Senior Advisor to a number of medium-sized investment banks. Mr. Pucell has been a Senior Advisor and Director of Seale & Associates since 2001, an investment bank in the Washington DC area. He also has served as interim CEO of a public company and has served on Boards of Directors. 

Mr. Purcell is currently Senior Director to the Investment Banking Firm of Seale & Associates, Washington, DC. area. Mr. Purcell has been an expert in more than 200 cases with over 180 Law Firms, including cases for the SEC, IRS and the DOJ. Has testified in court trials and arbitration trials over 40 times. He represents both plaintiffs and defendants. Subjects include all areas mentioned above.

 View Consulting Profile.

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

Brian H. Kelley is a seasoned Banking Executive, Lender, and Attorney with over 30 years of experience in lending, top management, and legal positions for both regional and larger commercial banks in California, Arizona, Washington, and Oregon. He has served as the CEO of three successful community banks and the head of a Multi-Billion Dollar lending group with a large international bank.

Litigation Support - Mr. Kelley provides expert testimony and litigation support to attorneys representing financial institutions, businesses, and individuals. His expert witness services include analysis of key issues, case strategy, depositions, opinions, and court testimony.

Mr. Kelley's expertise has been called upon in State, Federal, Bankruptcy, and Arbitration Courts, having testified on behalf of FDIC, major banks, and financial institutions. He is a qualified expert in eights states and the District of Columbia.

Areas of Expertise:

Consumer and Commercial Lending Loan Underwriting Bank Operations Bank Compliance Federal and State Regulation Credit and Collection Practices

Bank Governance Lender Liability Loan Policy and Guidelines Loan and Credit Review Loan Workout Loan Modification and HAMP Programs

Education / Training: BA and JD from Brigham Young University. Extensive professional course experience in loan underwriting, credit analysis, corporate finance, lending practices, etc.

Degrees / Certifications: Admitted to the California, Utah and Hawaii Bar Associations. Past Director of Western Independent Bankers, California Bankers, American Bankers Association and Mortgage Bankers of America.

View Brian Kelley's Consulting Profile.

Phillip G. Cantrell is a nationwide provider of Mortgage Consulting and Banking Expert Witness Services. He has 45 years of experience in his field. Mr. Cantrell is a former advisor for the Federal National Mortgage Association (FNMA) and has done work for the FHLMC. He consults with State and federal agencies and possesses in-depth knowledge in all areas of operations of the mortgage industry. 

Litigation Support- Mr. Cantrell has been providing services to the legal industry for over 15 years. With a strong record of accomplishments with superior results, he has the ability to relate to clients and their needs. 

Mr. Cantrell represents both Plaintiffs and Defendants. Retained as an expert witness over 40 times, he has rendered opinions on cases involving mortgage fraud, closing and title issues, appraisal issues, compliance, servicing, HAMP loan modifications, and secondary marketing.

Click the following link for cases in which Mr. Cantrell has been named and designated as an Expert Witness, representing both Plaintiffs and Defendants in different capacities: Designated Expert Witness Case List.

Areas of Expertise:

Origination Fraud Predatory Lending Appraisal Issues Loan Qualifying Home Equity Lines of Credit Reverse Mortgages Disclosure / Compliance Underwriting

Secondary Marketing Fair Lending Title Closing Issues Loan Servicing HELOCs HAMP Loan Modifications Credit Reporting Issues / Damages Bankruptcy Foreclosure

"Phil has extensive knowledge in all aspects of the mortgage lending industry. His ability to dissect the financial terms and conditions of a particular loan transaction or product was an invaluable resource in terms of understanding the transaction and allowing the lawyers to formulate the appropriate claims to pursue. " - George W. Walker: Pope, McClamry, Kilpatrick, Morrison & Norwood, LLP

 View Phillip G. Cantrell'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

David D. Gibbons has 45 years of experience in Banking, Risk Evaluation and Risk Management, and Bank Regulation. He is widely recognized as an accomplished financial services executive with unique perspectives as a Former Chief Risk Officer HSBC, former Senior Bank Regulator (both policy and supervision), Chief Risk Officer, Deputy Comptroller for Credit Risk and Troubled Banks at Office of the Comptroller of the Currency, and Banking Consultant (shadow regulator).

Litigation Support - Mr. Gibbons provides expert consulting and expert testifying services to the financial services industry. He has participated in over 20 expert witness engagements in banking, bank regulation, credit and lending, and financial services. Mr. Gibbons is a trusted advisor to banks on regulatory, risk, and compliance matters, particularly troubled banks. He is effective both as an individual contributor or in team leadership role.

Areas of Expertise:

Banking Banking Supervision Banking Compliance Risk Banking Regulation and Enforcement Troubled Institution Identification / Remediation Enterprise Risk Management Commercial and Retail Credit Lending and Credit Risk Evaluation / Risk Management

Board Governance and Oversight Director and Officer Insurance Disputes Unfair, Abusive, and Deceptive Practices FDIC Loss Sharing Disputes Liquidity / Capital Adequacy Contingency Planning Safety Soundness Management Effectiveness

Honors / Awards - Mr. Gibbons has been honored with the following awards for his service in the field of Banking / Finance:

• Hugh McCulloch Award
• U.S. Department of the Treasury Special Act Awards
• U.S. Department of the Treasury Silver Eagle Awards
• U.S Department of the Treasury, Office of the Comptroller of the Currency

View David D. Gibbons and Company's Business Consulting Profile.

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 Liabilty Disclosure Fraud

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

View Bedrock Consulting Group's Consulting Profile.

Michael B. Vaughn, through his company, Golden Age Advisory, provides analysis and testimony as an Expert Witness with extensive experience in Finance and Valuation of Real Estate and Mortgages, especially in Senior Housing.

Mr. Vaughn's background as Director of HUD’s 232 FHA insurance program, and years in senior positions in mortgage banking and government, give him unique credibility and expertise. Until January 2018, he was senior vice president, and originator of FHA and bridge loans for assisted living, skilled nursing, and other healthcare facilities for Walker & Dunlop, one of the largest commercial mortgage banking firms.

Mr. Vaughn originated or obtained portfolio approvals for over $1 billion in HUD, Fannie Mae, Freddie Mac, and proprietary bridge loans on Seniors, Healthcare and Multifamily loans in his career. He represented W&D and sourced new business relationships at numerous industry functions and successfully publicized W&D through quotes and articles in the Wall Street Journal, and senior housing industry publications.

Litigation Support - Mr. Vaughn is able to provide convincing analysis and testimony related to complicated financial cases in a way that is understandable to an average non-professional. Mr. Vaughn's experience testifying in both Federal and State Supreme Court trials.

Areas of Expertise:

Seniors Housing Independent Living Assisted Living Skilled Nursing Facilities Continuing Care Retirement Communities HUD FHA Multifamily Public and Section 8 Housing Finance FNMA FHLMC

CMBS / Bank and other Lender Financing Partnership Interests Mortgage Valuation Operating Business Valuation GSA Real Estate Procurement Loss of Income Valuation of Leaseholds Valuation of Contracts Investment Suitability

Services Include:

• Financial and Document Analysis
• Report Preparation
• Deposition
• Assistance in Deposition and Cross-examination of Opposing Witnesses
• Federal and State Court Testimony
• Mediation

View Golden Age Advisory's Business Consulting Profile.

P. Marc Fischer, MBA, CPM^®, RPA^®, CCIM^®, LEED^® GA, BOMA Fellow 

Marc Fischer is a nationally recognized Commercial Real Estate (CRE) expert with more than 30 years of proven performance in the fields of property management, building operations, and asset management. He is widely recognized as an innovative and dynamic leader, and he teaches, writes, and speaks to audiences around the world about CRE topics.

Litigation Support - As an expert witness, Mr. Fischer assists landlord and tenant counsel in finding the truth. His services include thorough reporting, depositions, and trial testimony as needed. Mr. Fischer supports both plaintiff and defendant counsel in a variety of real estate related issues including:

Property Management Building Operations Asset Management Operating Expense Calculations Landlord / Tenant Disputes Commercial Real Estate Standards of Care Real Estate Premises Liability

Health and Safety Issues Due Diligence Management Agreements Property Management Company Operations Architectural, Design, and Property Management Issues Breach of Fiduciary Duty

Highlights Include:

• 30 years of experience in all aspects of commercial real estate (CRE) property management, asset management, property operations, and construction
• MBA in Management / Organizational Behavior

Industry Designations:

• Real Property Administrator (RPA®)
• Certified Property Manager (CPM®) Designee
• Certified Commercial Investment Member (CCIM®) Designee
• LEED® Green Associate
• BOMA Fellow

Author of eight (8) CRE textbooks published by BOMA International (all translated into Mandarin):

• Acquisitions, Dispositions & Underwriting textbook
• Measuring Financial Returns textbook
• Lease Analysis, Evaluation, Negotiation, and Approval textbook
• Foundations of Real Estate Management textbook
• BOMA International Proactive Maintenance Guidebook for Industrial Properties
• Managing Industrial Properties
• Guide to Developing a Standard Operating Procedure Manual
• BOMA International Guide to Exterior Maintenance Manual

View InpiRE CRE, LLC's Consulting Profile.

Jay Hibert was in the Commercial Banking Industry for over 37 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 175 times as an expert in 17 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 (CalBRE #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

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

View Jay Hibert's Consulting Profile.

Maurice Robinson, ISHC, CRE, ASA, is an expert in the field of hotel and resort consulting. He has been facilitating the development and redevelopment of high-end, full-service hotels and resorts for over 30 years. 

Additionally, Mr. Robinson has been providing litigation support services, strategic advisory services, hotel repositioning, market feasibility studies, and appraising hotels and other hospitality-related real estate. His expertise includes advising clients on development planning, deal structuring and financial issues, dispute resolution, workouts, and expert witness testimony related to hotel and resort development and investment. 

Qualified Expert Witness & Consultant in Hotel and Real Estate Industry Business Issues:

Market, economic & financial feasibility Valuation Owner-operator, borrower-lender, franchisor-franchisee Disputes Management contracts Ground & building leases Partnership & JV agreements Concession contracts Development agreements and loan documents Expert witness testimony Litigation strategy, consultation and support Damage calculations

Lost profits analysis Real estate appraisals Deal structuring & workouts New development Strategic planning Market demand assessment Acquisition due diligence Economic, financial & investment analysis Can estimate damages and appraise property values under multiple scenarios Trained Arbitrator & Mediator

Winner of the Creative Counselor of the Year for appraising the Grand Canyon.

Areas of Expertise:

Bank Governance Commercial Credit Underwriting Real Estate Financing Collections Loan Workouts Regulatory Response Credit Review and Examination

Due Diligence Consent Orders Lender Liability Breach of Good Faith Wrongful Defaults Control and Interference Duress and Coercion.

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

Salt Hill Statistical Consulting Alan Salzberg is Senior Statistician and Principal of Salt Hill. Dr. Salzberg's focus is statistical analysis, sampling, estimation, and modeling, especially using large or complex datasets. Many of Dr. Salzberg's consulting projects relate to the detection and measurement of bias or fraud. Dr. Salzberg has testified as an expert witness in statistics in multiple venues. Prior to joining Salt Hill, Alan was CEO at Analysis & Inference. He has also held positions at KPMG (in its Economic Consulting group) and at Morgan Stanley. Dr. Salzberg holds a Ph.D. in Statistics from the Wharton School of the University of Pennsylvania, where he also received a Bachelor of Science in Economics. For musings on everyday probability, see Dr. Salzberg's blog: "What are the chances?"