Expert Witness Engagements

Expert Financial Testimony

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"An intelligent evaluation of facts is often difficult or impossible without the application of some scientific, technical, or other specialized knowledge. The most common source of this knowledge is the expert witness."

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 May 1996.

 

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 actions.

 

Engagement #5

2004. Developer practices in representing profit potential of spec real estate construction projects; adequacy of cost & credit information for private or institutional financing. Deposition and trial testimony April 2005.

 

Engagement #6

2008. Private hard money lending re: condo conversion/foreclosure: Underwriting procedures, collateral adequacy, additional collateral, 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 security.

 

Engagement #9

2009. Developer functions to complete condo project land acquisition/construction, procedures/practice to secure private lender loan, documentation requirements /adequacy.

Engagement #10

2009. Private hard money financing of large multi-use development. Construction loan documentation and underwriting, use/misuse of funds & overhead, lender fees and reserves.

 

Engagement #11

2010. Mortgage loan broker standards re: private hard money lending: dual agency roles, due diligence and verification duties re: 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 investors in multiple large loans for 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 California

 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.


Engagement #17

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 Ponzi scheme.


Engagement #19

2013. Hard money mortgage lender practices and rights re: broker and owner misrepresentations to 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 fiduciary duty by broker.


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. Declaration for MSJ (case pending, set for trial, 06/2024).

 

Engagement #28

2023. Declaratory relief, cancellation of instruments, slander of title, quiet title, unjust enrichment. False documentation.  Deposition (case pending).


Engagement #29

6/2024. Mediation, Judicate West. Represented title company. Four separate loans by

established hard money lender. Lender failed to adequately 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

7/2024. Equity partnership lends $3+ million for speculative SFR construction. Breach of pro notes, fraud, breach of fiduciary duty, civil conspiracy, negligence, lender standard of care. Violation of CA Code #17200. EWF established actual monetary damages.


Engagement #31

8/2024. $3 million fraudulent loan, hard money. Retained by major title company. Fraudulent promissory note, invalid deed of trust, breach of escrow instructions, negligence by agents and fiduciaries, misrepresentation, agents.


Engagement #32

01/2025. Action arising out of $2 million Deed of Trust and $6 million of related promissory notes, all in default. Engagement focused on EWF establishing actual monetary damages over 12 years non-performance.


Engagement #33

04/2025. Retained by owner of residential property with construction loan from major lender gone bad. Standard of care, failed funds control, loan disbursement practice, underwriting as to adequacy of construction loan. Review of loan documents, responsibility of lender to protect best interests of client. Inadequate control of funds draws.

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