Real Estate: Appraisal and Valuation Expert Witnesses: 12

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.

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 BTI a leader among independent appraisers. They are proud of their reputation for stability, responsiveness, and accomplishment in and out of the courtroom. At BTI, their 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. 

Litigation Support - 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.

View BCI's Consulting Profile.

Rick Rivera is a Southern California 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 Commercial Property and Asset Management Accounting Services and Reporting

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

Agent Vs. Broker Disputes Partnership Conflicts Standard of Care Duties Dual Agency and Conflict of Interest

View CBM1'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.

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.

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.

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.

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.

William R. Legier is a Certified Public Accountant, Certified Fraud Examiner, and Certified in Financial Forensics. With over 51 years in business, he has extensive forensic accounting and complex commercial litigation experience.

Mr. Legier is a former senior accountant for Arthur Andersen & Company, international CPA firm, and a former chief financial and operating officer for a $100 million diversified corporation. He currently lectures on accounting, finance, tax, business and business information technology, management control systems, business valuation, fraud, and forensic accounting to groups sponsored by RCA, IBM, Louisiana State University, Tulane University, A. B. Freeman School of Business, University of New Orleans, and other leading companies and institutions

Litigation Support - Mr. Legier's expert witness services include the forensic analysis and explanation of complex financial transactions with the use of advanced automated graphic design and display techniques. He provides testimony in Federal and State Courts throughout the US for leading national law firms and Fortune 100/500 companies in areas including:

Calculating Lost Profits Fraud Detection and Recovery Mismanagement Bankruptcies Appointment of Receiver Business Valuations Shareholder Disputes Evidence of Ownership Identification of Hidden Assets Corporate Veil Piercing Business Interruptions Single Business Enterprises Accounting Malpractice Marital Dissolution Separate and Community Property Spousal Support Tracing

Lost Earnings Personal Injury Intellectual Property Patent / Trademark / Copyright infringement Trade Secrets Reasonable Royalties Investigative Accounting Breach of Contract Breach of Fiduciary Duty White Collar Crime Real Estate Securities Product Liability Business Dissolution Construction Defects, Delays, and Cost Overruns Wrongful Termination Data Analytics

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.

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

Paul Chandler, MAI, has over 30 years of experience as an MAI Designated Real Estate Appraiser and CEO of Property Sciences, a national Residential and Commercial real estate appraisal company.

Both the company's residential and commercial divisions continually benefit from Mr. Chandler's background in valuation, appraisal, lender-platform technology development, and online and print media. Prior to forming Property Sciences, he was Senior Vice President of Corinthian Real Estate, where he provided financial institutions with market analysis, branching strategy and site acquisition consulting.

Litigation Support - Mr. Chandler has extensive experience presenting and defending its expert conclusions and opinions in depositions and trial testimony.  He offers support from early case assessment and discovery through final resolution, relying on real-world strategic and operational experience, strong academic and professional credentials, and extensive practical knowledge of real estate customs and practices, and damages analysis.

Areas of Expertise:

Eminent Domain Environmental Contamination Structural Defects Partnership Dissolution Bankruptcy Proceedings

Market Resistance / Stigma Damages for: Landslides Fires Floods Contamination / External Detriments

Services:

• Advice and objective analyses leading to an improved understanding of the issues involved in a case and supply expert testimony about critical issues in the litigation
• Testimony concerning industry standards, customs and practices in order to evaluate the legal liability of the parties
• Forensics analysis to ascertain the facts and determine the historic context of the disputed issues
• Computation of economic effects to provide a court with an objective measure of value and damages, if any
• Advice to counsel including the evaluation of the arguments of opposing experts, assisting with the development of lines of questioning or specific questions for use in expert or percipient witness depositions and serving as real-time advisors to counsel to evaluate the responses of deponents during live deposition testimony
• Trial support services, including jury consulting, graphic design of courtroom visuals and technology support
  

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 John Luna, JD/MBA, CPA, ABV, CFF Dean Atkinson, CPA, CFE, ABV, CAC, 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.

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.

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.

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