Expert Witness Engagements
SHERWOOD D. KELLEY// EWF
SELECTED LITIGATION CONSULTING/EXPERT WITNESS ENGAGEMENTS
Engagement #1
1996. Evaluation of resort development feasibility
and financing; equity and debt financing practices and
markets. Deposition March 1996. Trial testimony
Engagement #2
1997. Investment banking and syndications;
office building financing; investment advisor
role & duties, fiduciary responsibilities.
Deposition May 1997.
Engagement #3
1999. Hi-end residential property development:
developer functions and failures, equity, and
construction financing. Damages evaluation.
Deposition June 1999.
Engagement #4
2003. Hi-end residential property development, hard
money lending & underwriting; finance potential of
property, construction costs and lender foreclosure.
Engagement #5
2004. Developer practicesrepresenting profit
potential ofspec real estate construction projects;
adequacy of cost & credit information for private or
institutional financing. Deposition and trial 2005.
Engagement #6
2008. Private hard money lending re: condo
conversion/foreclosure: Underwriting procedures,
collateral adequacy, guarantees enforcement, use of
LLC as borrower. Deposition September 2008.
Engagement #7
2009. Retained for damages analysis re: hi-value
residential remodel property; underwriting, adequacy
of collateral for construction loan.
Engagement #8
2009. Custom & practice in regulated and private
commercial real estate construction lending re: use of
appraisal and title reports, adequacy of collateral.
Engagement #9
2009. Developer completes condo project land
acquisition/construction, procedures/practice to secure
private lender loan, documentation.
Engagement #10
2009. Private hard money financing of large multiuse development. Construction loan documentation
and underwriting, use/misuse of funds &overhead,
lender fees and reserves.
Engagement #11
2010. Mortgage loan broker standardsre: private
hard money lending: dual agency roles, due
diligence and verification dutiesre: loan
underwriting, appraisal, loan applications.
Deposition Sept. 2010. Testimony June 2011.
Engagement #12
2011. Feasibility of construction loan take-out
financing for SFR project; evaluation of lending
market conditions, borrower’s financial condition
and ability to qualify.
Engagement #13
2011. Analysis of actions and conflict issues of
mortgage broker, hard money lender/ servicer re
private investorsin multiple large loansfor numerous
Nevada and California real estate acquisition/
development projects.
Engagement #14
2011. Analysis of actions and conflict issues of
mortgage broker, hard money lender/ servicer re
private investors in multiple large loans for numerous
Nevada and CA real estate acquisition/ development
projects.
Engagement #15
2011. Hard money lender underwriting
practices/standards re: commercial real estate/land
loans; duties to loan investors, use/reliance/due
diligence re: appraisals.
Engagement #16
2011. Management of real estate investment
partnership, duties owed to investors, project
financing feasibility
2012. Commercial real estate lending practices
re: senior/junior priorities and subordination,
lender closing due diligence and disclosures,
escrow/title insurer duties and liability.
Engagement #18
2013. Loan broker functions and duties in private source
financing for purchase of large land tract; evaluation
of involvement in related Ponzischeme.
Engagement #19
2013. Hard money mortgage lender practices and rights
re: broker and owner misrepresentationsto modify
loan and stay foreclosure. Deposition May 2014.
Engagement #20
2014. Hard money lender underwriting
practices/standards re: commercial real estate/land
loans; duties to investors, use/reliance, and due
diligence on appraisals.
Engagement #21
2014. Hard money loan; breach of broker fiduciary
duty.
Engagement #22
2015. Hard money loan; Breach of fiduciary duty;
Undue influence, Constructive fraud; Elder abuse.
Deposition, Trial.
Engagement #23
2018. Hard money lending practices re: residential
construction loans, validity, and enforceability shared
appreciation agreement with lender; broker fees and
participation in the agreement.
Engagement #24
2018. Negligent misrepresentation, quiet title, declaration
relief, slander of title.
Engagement #25
2019. Insurance company’s obligations under
lender title policies issued to owner; Project had
substantial overruns. Deposition.
Engagement #26
2023. Breach of fiduciary, constructive fraud, elder
financial abuse, RICO, real estate short sale.
Engagement #27
2023. Negligence, breach of contract, third party beneficiary
damages, 3rd party damages, standard of care, unfair
business practices. Residential construction. MSJ.
Engagement #28
2023. Declaratory relief, cancellation of instruments, slander
of title, quiet title, unjust enrichment.; Deposition. Pending.
Engagement #29
2024. Mediation, Judicate West. Represented title company.
Four separate loans by established hard money lender. Lender
failed to underwrite loans, suspicious circumstances suggesting
collusion, fraud. Questionable documents and procedures. Issues:
constructive knowledge, knowledge of agent brokering loan,
failure by lender to disclose knowledge of fraud, concealment.
Breach of CA Insurance Code #332.
Engagement #30
2024. Equity partnership lends $3+ million for speculative SFR
construction. Breach of promissory notes, fraud, breach of
fiduciary duty, civil conspiracy, negligence, lender Standard of
Care. Code #17200. EWF established actual monetary damages.
Engagement #31
2024. $3 million fraudulent loan, hard money. Retained by major
title company. Fraudulent promissory notes, invalid deed of trust,
breach of escrow instructions, negligence by agents and
fiduciaries, misrepresentation by brokers.
Engagement #32
2025. Action arising out of $2 million Deed of Trust and $6
million promissory notes, all in default. Calculation of damages.
Engagement #33
2025. Retained by owner of residential property with
construction loan from major lender gone bad. Standard of Care,
failed funds control, improper loan disbursement practice, failed
underwriting as to adequacy of construction loan amount.
Review of loan documents & responsibility of lender to protect
best interests of client, inadequate control of funds draws.
Engagement #34
2025. Broker sells loan to investors; concealment of condition of
property, creditworthiness of borrower. Fraud, intentional
misrepresentation, breach of fiduciary duty, elder abuse.
Engagement #35
2025. Breach of fiduciary trust by broker, intentional
interference with prospective economic advantage, breach of
listing contract; comprehensive damages analysis based on net
cash flow erosion.
Engagement #36
2025. Speculative commercial project funded by private
investors; failure to follow construction loan procedures, rerouting funds to other projects, fraud, deceit, equity abused;
comprehensive damages analysis.
Engagement #37
2025. SFR speculative project, abuse of private lender,
overdraws, diversion of funds to other projects; reviewed cross
collateral promissory notes, breach of contract, unjust
enrichment; comprehensive damages analysis.
Engagement #38
2025. Broker fails to de-list property following instructions from
borrower; engaged by borrower’s counsel to advise client on
prospective damages including punitive assessment.
Comprehensive damages analysis.
