Real Estate: Appraisal and Valuation Expert Witnesses

Expert witness testimony for complex litigation involving damage analyses of lost profits, reasonable royalties, lost earnings, and lost value of business, forensic accounting, fraud investigation, investigative analysis of liability, marital dissolution, and tax planning and preparation. Excellent communicators with extensive testimony experience. Prior Big Four accountants. Specialties include: accounting, antitrust, breach of contract, business interruption, business dissolution, construction defects, delays and cost overruns, fraud investigation, asset tracing, intellectual property including patent, trademark and copyright infringement and trade secrets, malpractice, marital dissolution, personal injury and employment litigation, product liability, real estate, securities, spousal support, taxation, unfair advertising, unfair competition, valuation of businesses, and wrongful termination.

Experts:

Business Litigation and Valuation Barbara Luna, PhD, CPA, CFE, ASA,     CVA, ABV, CGREA, CCRA, CREA Dean Atkinson, CPA, CFE, ABV, CAC, CFF John Luna, JD/MBA, CPA, ABV, CFF David Turner, CPA, ABV, CFF Drew Hunt, MBA, CPA, ASA

Personal Injury / Employment Litigation Barbara Luna, PhD, CPA, CFE, ASA,     CVA, ABV, CGREA, CCRA, CREA Venita McMorris, MA

Dr. Barbara Luna is the partner in charge of the commercial litigation department of White Zuckerman. She has been providing Forensic Accounting, Economic Damages, Valuation, and Expert Witness Services for the past 30 years and has testified in court over 450 times. She has a PhD in Applied Mathematics from Harvard University with application to Physics and Finance and a BA in Physics from Wellesley College. Barbara is a Certified Public Accountant, a Certified Fraud Examiner, an Accredited Senior Appraiser in Business Valuation, a Certified Valuation Analyst, Accredited in Business Valuation, a Certified General Real Estate Appraiser, and a Certified Financial Forensic. She previously was a partner with Coopers & Lybrand and has taught working capital management, business finance, forensic accounting and intermediate accounting at UCLA Graduate School of Management, California State University at Northridge and Pepperdine University.

Dean Atkinson is a partner in the commercial litigation practice of White Zuckerman. He has testified as an expert witness in Commercial Litigation and Family Law Matters and has been involved in Resolution and Settlement Negotiations since 1987. He holds credentials from the AICPA as a Certified Public Accountant, Accredited in Business Valuation and Certified Financial Forensics and from the Association of Certified Fraud Examiners. Dean is experienced and has qualified as an expert in business valuation, business litigation and family law matters.

John Luna is a partner in the commercial litigation practice of White Zuckerman. He analyzes Financial, Accounting, Economic Damages, Business, Real Estate and Valuation issues and testifies as an expert witness on his findings. He has been an investment banker with Macquarie Capital, GCA Savian and Lazard. John has a JD from UCLA School of Law (Order of the Coif), an MBA from UCLA Anderson School of Management (Edward W. Carter Fellow), and an AB in Engineering Sciences from Harvard University. He is a Certified Public Accountant, Accredited in Business Valuation, a Certified Financial Forensic and a member of the California Bar.

Venita McMorris is a partner and an Economist in the Personal Injury and Employment practice of White Zuckerman. She has been providing economic damages and expert witness services for over 20 years and has testified extensively in court. She has a Master of Arts degree in Economics from California State University, Fullerton and a Bachelor of Arts degree from San Diego State University. She previously was a manager with Coopers & Lybrand and an economist with a medical malpractice trust in Southern California. Venita has taught macroeconomics and microeconomics to college students at Pasadena City College as a full-time tenured instructor and at Glendale Community College as a part-time instructor.

Los Angeles 15490 Ventura Boulevard, Suite 300 Sherman Oaks, CA 91403 Phone: (866) 981-4266 or (818) 981-4226 Fax: (818) 981-4278 Email: expert@wzwlh.com Website: www.wzwlh.com

Orange County 4 Park Plaza, Suite 200 Irvine, CA 92614 Phone: (949) 219-9816 Fax: (949) 219-9095 Email: expert@wzwlh.com Website: www.wzwlh.com

SEDA Experts is a boutique consulting firm specializing in Financial Services. They provide superior independent advice, data analytics, valuation, and expert testimony services to financial institutions and law firms in both litigation and business contexts.

Their experts have unmatched industry experience in a vast array of financial services practices. With over 30 years as global managing directors at leading financial institutions and consulting firms, each of their experts is dedicated to applying exceptional real-world economic, financial, and quantitative principles to complex business and legal challenges.  

SEDA Experts provides independent advice, financial consulting, data analytics, valuation, and expert testimony services to financial institutions and law firms in both litigation and business contexts.

Services:

Expert Witnesses Testimony and Report Litigation Process Support Mediation Class Certification Consulting

Complex Data Analysis  Damages Calculations Engaging World Class Expert Advisory Services

Richard A. Marin, Managing Director, a former finance senior executive with over 40 years of industry experience, and a former clinical professor at Cornell University, is a world-class testifying expert. Mr. Marin is a Finance, Real Estate, and Venture Capital industry executive who is currently the CEO of Low Emissions Resources Corporation.  He also is involved in managing private equity investments, consulting on major commercial real estate and attractions projects, and an expert in the retirement field.

Mr. Marin was previously a senior executive at three major financial institutions; Bankers Trust Company, Deutsche Bank and Bear Stearns.  His initial career spanned corporate finance, sales and trading, structured products, emerging markets, processing, and several other disciplines. Later in his career, he focused on building and running large asset management businesses in both the traditional and alternative spaces and in the institutional and high net worth markets. He also served as Chairman and CEO of AFI (USA), a major distressed commercial and residential property developer, for whom he restructured over $2B of liabilities. 

Mr. Marin has been a successful financial entrepreneur, involved in founding several venture capital firms (Beehive Ventures and Green Visor Capital) and a hedge fund (Ironwood Global).  He served as CEO of the New York Wheel, a $650 million development project, from 2012 to 2017.  He is currently the CEO of Low Emission Resource Corporation, a start-up scientific research & development company working in the areas of hydrogen and ammonia production. 

He is a published author of Global Pension Crisis: Unfunded Liabilities and How We Can Fill the Gap (Wiley & Sons, 2013), Mater Gladiatrix (Lulu Press, 2017) and Gulag 401k: Tales of a Modern Prisoner (Lulu Press, 2017). View full Vitae.

 Areas of Expertise: 

Asset Management Alternative Investments Private Equity Investments

Securities Lending Retirement and Pensions Real Estate / Project Financing

Kenneth Simmons, Managing Director, has over 30 years of industry experience as Executive Vice President at leading financial institutions, and at regulatory agencies such as OCC and FDIC. He is a Review Board Member and Faculty member at the Association of Certified Anti-Money Laundering Specialists, and the North & South Metro Atlanta Compliance Roundtable Founder and Chairperson at the Community Bankers Association. 

He served as Executive Vice President and Chief Compliance Officer at Origin Bank, and in a similar position at Hamilton State Bank. During his career he was responsible for all aspects of Regulatory Compliance, he devised comprehensive BSA/AML Programs including complex layers of investigations and an enhanced monitoring system to exceed Supervisory Expectations, and developed comprehensive risk assessments, audit schedule and compliance testing programs addressing regulatory inventory of risks.

Mr. Simmons served the Office of the Comptroller Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) as Compliance/ BSA Specialist Bank Examiner. During his tenure with the OCC he was the functional Examiner-in-Charge (FEIC) on complex BSA & Compliance examinations, and the Supervisory Review Examiner for BSA/AML, fair lending, and CRA examinations. 

He evaluated effectiveness of AML systems (such as FCRM, Bankers Toolbox, and FIS (Prime) and formulated opinions on the use of such systems. He also worked directly with Supervisory office and legal staff regarding BSA/AML violations, MRAs, and consent order issuances, providing guidance and direction to financial institutions regarding resolution of these matters.

In addition, he served as the General Audit Manager for a multi-billion dollar financial institution, and he served as a Compliance Officer for several financial institutions.  View full Vitae.

Areas of Expertise:

Finance Anti-Money Laundering Bank Secrecy Act Compliance

Financial Crimes Risk Management Regulatory Compliance AML / BSA Risk Management

Kevin D. Oden, Managing Director, has unrivaled Financial Risk Management expertise and over 30 years of financial markets experience with leading financial institutions firms Wells Fargo and Goldman Sachs, holding executive positions. 

Mr. is an innovative risk manager and entrepreneur with a strong track record of leading risk teams to the forefront of industry practice. He currently serves on the Board of Directors of the Risk Management Association (RMA) and on the RMA Journal Editorial Advisory Board and the financial technology firm Scienaptic Systems.

During his career, he managed small and large teams (as many as 4000) across a number of risk disciplines including market risk, counterparty risk, model validation, risk model development, operational risk, cyber security, financial crimes and compliance. Developed an industry leading practice in model risk management with patents pending on several innovations in system design. Highly successful at building working relationships with business leaders as well as U.S. and foreign regulators. 

Mr. Oden has over 30 years of industry experience, including risk management, trading, sales, portfolio management. Superior quantitative background and communication skills provide a unique ability to deliver risk insight to all stakeholders and influence decision making throughout the firm. He was a member of Wells Fargo’s management committee and Asset Liability Committee (ALCO). 

Dr. Oden was an Executive Vice President and Head of Operational Risk and Compliance within Corporate Risk at Wells Fargo & Co., managing second-line risk activities across information security, financial crimes risk, model risk, operational risk, regulatory compliance risk, and technology risk. Prior to this he was the Chief Market & Institutional Risk officer for Wells Fargo & Co.  View full Vitae.

Areas of Expertise:

Market, Credit and Counterparty Risk Operational Risk Risk Model Development and Validation

Risk Management and Compliance Portfolio Management Asset and Liability Management

John A. Dalkowski III, CRE, MAI, is Managing Director of NRER, with offices in Miami, FL; New York, NY and Hilton Head Island, SC. He has over 45 years experience in Real Estate Valuation, Development, and Counseling in 26 states and has appraised in excess of $10 Billion in assets.

Mr. Dalkowski's major focus is litigation and arbitration support and expert witness services, diminution of real estate value / real estate damages, distressed property solutions, and valuation advisory services, particularly on specialized or complex transactions such as major office buildings and hotels and other trophy real estate assets, including ski resorts, waterparks, outdoor entertainment venues, resort hospitality and timeshare properties, and correctional facilities. He has completed numerous valuations of major Manhattan hotels and office buildings and more than 100 distressed asset valuations for the FDIC, as well as complex litigation support such as the recent Chinese Drywall test case in Louisiana.

Litigation Support - Mr. Dalkowski is experienced in providing transactional counseling, litigation, arbitration support, expert witness testimony, forensic appraisals, and valuation advisory services, particularly on specialized or complex transactions.

Areas of Expertise:

Acquisitions Dispositions Full and Partial Interests' Appraisals Complex Valuations Development Market and Feasibility Studies EB-5 Feasibility Studies Investment Analysis Diminution of Value Damages

Environmental Stigma Tax Appeal Asset Allocation Air Rights Transfer of Development Rights (TDRs) Foreclosure / Deficiency Judgments Eminent Domain Condemnations Construction Defects Historic Façade Easements / Conservation Easements

Miami Office 701 Brickell Avenue Suite 1550 Miami, FL 33131

South Carolina Office Flamingo Street P.O. Box 7523 Hilton Head Island, SC 29228

View John Dalkowski's Consulting Profile.

Richard Singer is the leading expert in Golf Facility Operations, Transactions and Valuation Consulting. He has been qualified as an expert witness in cases involving golf course transactions, valuations, liability, economic potential, usual and customary practices and business plan preparation.

Mr. Singer has been the Director of Consulting Services for the National Golf Foundation (NGF) since 1997, and now has a total of 26 years of golf facility consulting experience. He first joined the NGF consulting staff in 1989 as a project analyst after completing his Finance MBA at the University of Florida. Mr. Singer has successfully managed the NGF’s well-known golf consulting practice with an industry-respected track record of success and a reputation for delivering projects on time and on budget.

Mr. Singer’s consulting services for alternative golf facilities have included both new development and operational reviews for driving ranges, putting courses, miniature golf courses, golf learning centers, executive / par-3 courses, and various combinations with other facilities. He co-authored the NGF publication How to Plan, Build and Operate a Successful Golf Range.

Experience Includes:

Golf Facility Feasibility Analysis Golf Operations Consulting Account Management Real Estate Master Planning Expert Witness Financial Analysis Business Plan Preparation

Budgeting / Planning Public Presentations Golf Business Valuation Golf Market Analysis Staffing / HR Proposal Writing Credit Evaluation

Golf Facility Operations Consulting Services Include:

Golf Course Inspections Operational / Accounting Audits Management / Operations Contract Preparation Clubhouse Design / Needs Assessments	RFP Preparation Assistance Golf Marketing Strategies Green Fee / Member Pricing Business Plan Preparation Litigation Assistance

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

• Market, economic & financial feasibility
• Valuation
• Disputes between owner-operator, borrower-lender, franchisor-franchisee
• 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.

James B. (Jay) Hibert has been an active lender in the Commercial Banking Industry for over 30 years. Prior to forming Market Street Financial Solutions, Mr. Hibert joined the founding team of a San Diego Business bank as a Senior Vice President, and one of the owners of the privately held banking company. During this time he formed and managed the Bank’s Real Estate Loan Department. He also managed the bank’s largest real estate portfolio and was instrumental in developing secondary market relationships for the bank. Still an ACTIVE lender in the industry, Jay 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 65 times as an expert in 7 different states concerning matters relating to commercial lending, real estate, construction finance, SBA lending, brokerage, hard money lending 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 (BRE) and his company is 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:

• Specialty Niche in SBA Real Estate Lending
• 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
• Loan Syndication/Secondary Market Loan Sales
• Title Insurance Cases

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

View Jay Hibert's Consulting Profile.

Roy Theophilus Bent, Jr. is a well known and respected expert and consultant in the automotive industry. An IACP Certified Auto Appraiser, Expert Witness, and Field Inspector, Mr. Bent is the seated President of the Bureau of Certified Auto Appraisers, a National Professional Appraisal Credentialing Organization that has trained, tested, and certified over 2,400 students under his leadership in the practices of IACP Certified Auto Appraisals and Litigation assistance. Mr. Bent holds numerous licenses and credentials as an ASE Certified Mechanic, I-Car Collision Specialist, Licensed Auto Appraiser, Insurance Adjuster, Umpire, Mediator, Arbitrator, Classic Car Judge, and Vintage Car Historian. 

KPRC 2 Houston News Interview with Roy Bent on Diminished Value

Litigation Support - Mr. Bent is retained by counsel to provide IACP Certified Third Party Appraisals for most auto related lawsuits. He serves law firms whose clients are involved with dissolution, probate, bankruptcy, and diminution of value, and automobile accidents. Mr. Bent is a contributing author in several peer reviewed journals in auto accident expert witness related theories, case studies, and reports which are used exclusively by other expert witnesses in the field. His services include deposition, arbitration, mediation, and trial testimony when necessary. 

Appraisals for Law Enforcement Agencies - Roy Theophilus Bent, Jr., IACP Certified Auto Appraiser & Expert Witness, is regulary retained by the United States Department of Justice (DOJ), Federal Bureau of Investigations (FBI), U.S. Marshals Service, U.S. Drug Enforcement Agency (DEA), Internal Revenue Service (IRS), U.S. Attorney General (AG), U.S. Customs and Border Protection, U.S. Office of Inspector General, and varios Police Departments resumting in criminal convictions and/or exonerations of Defendants for: White-Collar Crimes, Vehicular Homicide Crimes, & Felony Drug Crimes resulting in Federal Criminal Forfeitures, Civil Judicial Forfeitures, Administrative Forfeitures & Seizures. 

Areas of Expertise:

Diminished Value Appraisals Total Loss Appraisals Corrosion Defective Products Lemon Laws Air Bags Repair Negligence Motor Homes Motorcycles Recalls

Seat Belts Auto Accident Reconstruction Automotive Accident Photography Automotive Odometer Tampering Used Car Dealer Fraud Tractor Trailers / Unsafe Loads Classic Cars / Custom Vehicles Commercial Vehicle Accidents Electronic Control Module (ECM) High / Low Speed Accidents

Deceptive Trade Practices Ignition Switch Failures Pedestrian / Vehicle Collisions Public Transportation Accidents Recreational Vehicles-RVs Rollover-Roof Crush Run Overs (Pedestrians) Self-Insured / Liability Claims Unibody & Frame Repair Vehicle Fire Cause & Origin (Battery)

View Houston Auto Appraisers' Consulting Profile.

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.

Corporate Sciences, Inc. (CSI) is a highly regarded Economic Consulting Firm providing financial services to corporations, law firms, and government agencies. CSI professionals have served some of the world’s largest multinational corporations and law firms. Many of their team members hold advanced academic degrees and specialized credentials with extensive consulting experience in all the areas they provide service.

Litigation Support - CSI has been assisting law firms and their clients in all aspects of litigation requiring Economic Accounting or Financial Expertise for over 40 years. Services are provided as consultants, testifying experts, arbitrators, and mediators. CSI professionals understand the complexity in the many stages of litigation including discovery, liability assessment, damage calculations, expert testimony, and critique of opposing expert opinions.

CSI professionals have been through hundreds of engagements appearing in many venues including trials, ADR proceedings, and regulatory hearings. Their testimonial work is supported by state-of-the-art research, analysis and pragmatic business insight. CSI professionals are widely regarded for their ability to convey results of complex analysis and opinions in easy-to-understand language and demonstrative exhibits. Many of their cases have been large and complex often running into hundreds of millions and billions of dollars at stake.

Areas of Expertise:

Real Estate Construction Intellectual Property Insurance Securities Fraud Banking Forensic Accounting Mergers and Acquisitions Valuation/Appraisal Real Property

Breach of Contract Damages Antitrust Healthcare Bankruptcy Environmental Labor and Employment Financial Institutions General Commercial Disputes Design & Conduct Market Opinion Surveys Valuation/Appraisal Business Entities

John G. Minor, President of Complete General Contractors, is a third-generation Contractor and licensed instructor certified by the North Carolina Department of Insurance. He is a recognized expert on the costs and applications necessary to repair buildings damaged by manufacturer, builder liability, water damage or intrusion, mold, or asbestos.

Mr. Minor has worked in construction and contracting dispute resolution throughout the Southeast for over 17 years. He has been involved in the successful discharge of 150+ million dollars as an expert witness in property claim lawsuits and disputes. He is retained by both the plaintiff and defense for a fair appraisal of the issues at hand.

Mr. Minor works with attorneys to generate a plan based on damages to property and in compliance with the provisions and spirit of the insurance policies in effect at the time of the loss. For personal injury cases, he works to establish the code requirements in place at times of the injury to find how they relate to the cause of action.

Areas of Expertise:

Loss Appraisals Construction Claims Construction Disputes Construction Safety Construction Damages

Fire Damage HVAC Issues Insurance - Property, Casualty Mold Asbestos

View John Minor's Consulting Profile.

BTI Appraisal is a broad-based appraisal company which provides a consistently high level of Real Estate Appraisals, Business Valuations, and Machinery and Equipment Appraisals for Business, Professional, Public and Private Sectors.

When you choose BTI Appraisal, you benefit from a strong tradition of experience and accuracy. A corporate philosophy stressing efficiency and attentive service has made us a leader among independent appraisers. We are proud of our reputation for stability, responsiveness, and accomplishment in and out of the courtroom.

At BTI, our seasoned staff of success oriented professionals treats each assignment with precise attention to detail, providing needed research and responsive service on a wide range of appraisal needs.

Expert Profile: BTI’s Founder and Chairman, Ben F. Tunnell III, has headed the firm since 1974. Previously, he spent eight years with First Interstate Bank of California as vice president at their corporate headquarters in Los Angeles. He served on the board of arbitrators for both the American Arbitration Association and the Better Business Bureau. He has also been a Registered Investment Advisor and Broker/Dealer with the Securities and Exchange Commission and a licensed, California Real Estate Broker.

Mr. Tunnell is an ASA, the senior designation of the American Society of Appraisers, and a California Certified General Real Estate Appraiser #AG-6964. He has qualified and testified in Federal and Superior Courts, as well as in arbitration proceedings as an expert witness in business valuations, real estate, and machinery and equipment appraisals.

Peter J. Bondy FSA, MAAA, has more than 45 years of experience as an Actuary and a Financial Services Professional. He has served as a corporate executive, as a corporate director, and as a consultant domestically and internationally. Mr. Bondy has extensive experience with insurance company and reinsurer matters and practices ranging from basic business practices to matters involving financial projections and valuations as well as sales practices. He has served on corporate boards and brings a broad understanding of the issues involved. A published author, Mr. Bondy has delivered lectures and spoken frequently around the country. He is fluent in English and Spanish, his first language. Litigation Support - Having had experience with many complex projects throughout his career, Mr. Bondy is able to serve as an expert consultant or as an expert witness for complex matters and issues regarding annuities, insurance, reinsurance, emerging mortality, experience issues, and corporate matters. He provides a broad range of litigation support services to attorneys representing both plaintiff and defendant. Areas of Expertise

• Actuary / Actuarial
• Reinsurance
• Economic Loss
• Joint Marital Property
• Valuation of Streams of Contingent Future Payments
• Usufruct Arrangements
• Private Annuities
• Insurance : Life / Health / Annuities / Disability
• Life Settlements / Structured Settlement Annuities
• Appraisal and Performance Evaluation of: Life Insurance / Life Settlement Transactions / Annuity Benefits / Retirement Benefits

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.

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.

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