Real Estate: Agent / Broker - Standard of Care 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

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.

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.

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

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 1,300 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

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.

Robert 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 25+ years, Mr. Griswold has consulted on over 2,000 litigation matters, has been deposed over 600 times, and provided sworn testimony in trial or arbitration on over 150 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 9 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.

Robert 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.

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

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.

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:

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.