Real Estate Expert Witnesses

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What is a commercial real estate expert witness?

Real estate expert witness candidates typically have extensive experience in appraisals, property management, real estate law, and/or as a real estate broker. In high profile cases, or litigation involving a significant financial stake, a law firm may require an expert with prior expert witness testimony experience. 

What types of cases require a commercial real estate expert witness?

Commercial real estate agents with real world experience are in high demand for zoning disputes, unique property management issues, and partnership disputes.

Property management and real estate brokers can provide expertise in a variety of issues. A certified real estate appraiser with testimony experience fits the bill for many real estate valuation matters.

Commercial real estate expert witness case examples

Examples of real estate litigation matters that Cahn Litigation Services has located expert witnesses for have involved:

• real estate transaction disputes,
• contract/lease disputes in Los Angeles county,
• commercial real estate asset management,
• Southern California real estate investments,
• shopping center zoning,
• bankruptcy and foreclosures,
• fiduciary duty,
• landlord/tenant dispute arbitration,
• commercial building valuation disputes, and
• insurance fraud.

What litigation support work might a commercial real estate expert witness be expected to perform?

Expert witness services by a real estate consultant could include valuations, authoring expert reports, providing expert opinions, depositions, and/or expert testimony in court. In addition, clients may seek a real estate industry expert for pre-litigation consultant work. While many experts have expertise in real estate, a testifying expert carries the additional responsibility of providing testimony before the court in a manner whereby a jury and judge can understand the litigation matter and evidence.

Cahn Litigation Services has the experience required to turn a search for a commercial real estate expert witness around quickly, providing the right balance of expertise and testimony experience.

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Real Estate Expert Witness - Representative Bios

Please Note: All Cahn Litigation expert witness searches are customized to attorneys' precise specifications and preferences. Attorneys are encouraged to discuss search parameters with a Cahn search specialist.

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The below expert witness bios represent a small fraction of those Real Estate experts known by Cahn Litigation Services. These bios are provided to give lawyers a sense of the Real Estate landscape.

• Expert Witness #247296

  Collectively, this expert's experiences include direct lending of approximately $500 million to businesses and commercial real estate ventures, and credit review and approval of approximately $1.5 billion. During this expert's many years of education and professional experience in complex business and financial matters, this expert has developed broad experience and expertise in commercial finance, insolvency, real estate, real estate finance and valuation. This expert's experiences encompass business and project evaluation, damage claims/ lost profits, debt and equity structuring, feasibility analysis, financial analysis, investment management, lending and leasing, and valuation. This expert is also a nationally recognized expert in the areas of bankruptcy, financial restructuring, insolvency and workouts and is designated as a Certified Insolvency and Restructuring Advisor by the Association of Insolvency and Restructuring Advisors. This author is well published and is established as an authority in the field through speaking and publishing.

  
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• Expert Witness #251994

  This expert has been in Commercial Real Estate for many years. This expert is one of a few people in the real estate profession to hold both Certified Property Manager (CPM) and Certified Commercial Investment Member (CCIM) designations. This expert has an extensive background in management, brokerage, and renovation of commercial real estate. This expert has been responsible for successfully negotiating over $90 million in real estate transactions. This expert formed a full service commercial real estate firm specializing in property management, leasing and sales of small to medium size properties. This expert served the firm as President and Administrator. The company employed over 100 people and handled retail, office and multi-family properties. The firm specializes in hands-on real estate services for homes associations, condominiums, apartment communities, office buildings, and retail strip centers. As President, this expert oversees more than 100 properties. These properties include over 1,500 apartment units, and fifty homeowner - condominium associations comprised collectively of 6,000 units.  This expert has served on the executive committee for a city Chapter of Institute of Real Estate Management, is past President a County Commercial Investment Division of Realtors, and served as a consultant for a Housing Authority.

  
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• Expert Witness #253292

  This expert is a Principal with a nationally recognized business valuation/investigative services and tax consulting and compliance firm. This expert is one of the firm's senior tax and legal technicians, and has provided consulting services to a variety of partnerships, corporations, estates, and high net worth individuals.

  For many years, this expert has consulted with numerous publicly-traded, private, and family-owned businesses to develop, manage, and report tax-efficient strategies. This expert's experience encompasses the real estate, professional services, private equity and venture capital, retail, and financial services industries. This expert's experience also extends to assisting counsel with litigation support and forensic accounting services for matters including income taxation, real estate, complex investment profiles and the accountant's standard of care.

  This expert serves as Director of the Tax Practice. Examples of this expert's tax planning and compliance engagements include: Implementing the adoption of an ESOP structure including coordination of plan adoption, the owner's exit strategy and identification of third party lending sources; establishing REIT testing guidelines and training for the manager of a $250 million privately held multi-property REIT; providing comprehensive Section 409A guidance for the deferred compensation packages of a large financial institution's executive management team, including assisting counsel in conforming the plan to 409A requirements; coordinating the qualification of substantial Research and Development Credits for a manufacturing company; providing tax strategies, income tax compliance, and business consultation to over a dozen high net worth individuals and their business each for 10 years or more; conducting several dozen cost segregation studies for commercial retail, office, and hospitality properties; active participation as a member of the team that developed the UPREIT structure, now common in the REIT industry; managing the outsourced tax departments of a publicly traded REIT with capital value in excess of $1 billion, as well as a privately held retail chain with $1 billion in gross receipts; and managing dozens of IRS audits including the resolution of an audit adjustment in excess of $1 billion.

  Examples of this expert's litigation support and forensic accounting engagements include: Litigation consulting regarding "Springing Recourse" obligations; complex federal income tax applications of Section 197 intangibles (Goodwill) and related anti-churning provisions; consulting with counsel on complex management contract buy-out disputes and multi-property family real estate disputes; providing forensic accounting services to financial institution work-out officers and their counsel for obligations aggregating to over $100 million; and assisting a $100 million real estate development company and their counsel with support to work-out loans during the 2008 real estate economic tsunami.

  This expert has a bachelor's degree and a law degree.

  
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• Expert Witness #253332

  This expert is a Managing Director in a real estate practice within the Valuation Advisory group. This expert's concentration is in commercial real estate valuation and advisory services, where this expert has many years of national and international appraisal, review, and consulting experience. This expert's experience encompasses a wide range of commercial real estate engagements covering numerous property types from core properties to special purpose properties, and a variety of matter types such as litigation, estate & gift tax reporting, financial reporting, and consulting. This expert's experience includes many public speaking engagements and this expert has been qualified as an expert witness and has testified in a variety of state and local jurisdictions.

  
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• Expert Witness #253345

  This expert is a Director in the real estate practice within a Valuation Advisory group. This expert is responsible for management, client liaison, business development, and leads the real property financial reporting practice. This expert's concentration is in real estate valuation and advisory services, where this expert has many years of national and international appraisal, review, and management experience.

  This expert's experience includes assignments completed nationwide as well as various international locations throughout Europe, Asia, and South America. This expert's experience includes engagements for local, national, and international clients for a variety of purposes and also includes expert witness testimony for ad valorem taxation and other litigation matters.

  
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• Expert Witness #253365

  As a partner in a highly successful accounting services consultancy, this expert specializes in providing strategic planning, transaction management, and project management services to corporate and public sector clients. This expert is a relentless client advocate and an excellent negotiator. With a broad professional background and many years of experience in accounting, tax, finance, and consulting for private and public sector clients, this expert provides highly technical expertise concerning strategic real estate, design, and construction opportunities. This expert is extremely effective in analyzing project feasibility and delivering a comprehensive plan that takes a project from conception to completion.

  This expert's contributions have resulted in the management of millions of square feet of real estate and construction assignments. Public sector assignments include the development and implementation of municipal and school district campus facility plans that range in scope from $10 million to $150 million. Private sector assignments include strategic planning, incentives, transaction management, and project management of various facility types including office, industrial, and municipal.

  This expert received a bachelor's degree in accounting. This expert is a licensed real estate broker and a certified public accountant.  

  
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• Expert Witness #255205

  Public Sector RE Management Expert

  This expert is a Managing Director of an independent global business advisory firm dedicated to helping organizations manage change, mitigate risk and resolve disputes: financial, legal, operational, political & regulatory, reputational and transactional. This expert is an experienced real estate professional with strong expertise in real estate finance, transaction management and development and operations for office, retail, multifamily and mixed-use assets. This expert has many years of experience in the real estate industry and a portfolio that includes a diverse range of both Public and Private Sector real estate and program management disciplines, including stakeholder and client relations, market and financial analysis, appraisal review and valuation, benchmarking, project management oversight and strategic planning.

  Examples of Public Sector projects include:

  -  Assisted a university in the development of an RFP and evaluation of subsequent responses for the development of a 200 plus unit multifamily high-rise for use by their employees.

  -  Assisted a public benefit agency in the development of an RFP and evaluation of subsequent private sector responses for the redevelopment of a transportation station and corresponding development rights including ancillary retail, signage and other commercial uses.

  -  Assisted a non-profit public benefit development corporation in the development of an RFP and evaluation of subsequent private sector responses for the redevelopment of commercial property owned by the foundation for mixed-use multifamily housing.

  This expert authors and provides expert testimony on real estate matters, including damages, finance and business operations. This expert is a Licensed Real Estate Broker and is an Adjunct Professor for a master degree program.

  
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• Expert Witness #257104

  This expert has many years of broad based experience as a real estate professional, including appraisal, physical condition assessments, environmental site assessments, construction, development, brokerage, property management and receivership. Prior to forming a firm, this expert was the Chief Operating Officer of a national full service commercial due diligence firm. Under this expert's direction, the firm provided appraisal, environmental, engineering and construction consultation on thousands for investment grade properties annually. This expert has extensive experience in appraisal, including unique properties such as a Nuclear power plant, and numerous trophy office buildings. This expert has been a guest lecturer and panel member on various appraisal and due diligence topics. In addition, this expert has been qualified as an expert witness in a State Supreme Court and in conjunction with arbitration proceedings.

  
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• Expert Witness #260006

  This expert is an active lender with many years of experience in Banking, Finance, and Real Estate Lending, and is experienced in Trial and Deposition Testimony. This expert was in the commercial banking industry for many years before leaving to form a commercial Real Estate lending company. This firm is a licensed Finance Lender and Bureau of Real Estate Broker. The company provides services to banks, non-banks, and individuals in need of creative financing solutions.

  With many years of experience in banking and real estate, this expert's market knowledge and transactional experience has allowed this expert to work in a consulting and expert witness capacity for many clients over the years. This expert has transacted hundreds of real estate and non-real estate loan negotiations in times of economic growth as well as downturns in the economy. This expert's extensive credit background arms this expert with the understanding of how banks and other lenders operate internally.

  This expert is a licensed Real Estate Broker and the firm is a Finance Lender and Broker. This expert's areas of expertise include:

  -  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

  -  Specialty Niche in SBA Real Estate Lending

  -  Construction RE Lending & Administration

  -  Expert reports adherent to Federal Rule 26

  -  Loan Syndication/Secondary Market Loan Sales

  -  Title Insurance Cases

  This expert has been providing expert witness and consulting services. This expert has been designated over 65 times as an expert in 7 different states concerning matters relating to lending, real estate, construction finance, SBA lending, brokerage, hard money lending and investment issues. This expert's experience includes both Federal and State court cases where he has provided deposition testimony, trial testimony and arbitration testimony.

  
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• Expert Witness #260593

  This expert brings to the table many years of transactional, public and private commercial and real estate finance, legal and bank consulting experience. This expert currently provides a range of financial services to financial institutions, borrowers and domestic and foreign private and institutional investors in connection with risk management, structuring, placing and conducting due diligence in commercial and real estate financing transactions. This expert serves as an expert witness and provides litigation support in cases involving contract disputes and complex public and commercial finance matters involving legal malpractice, credit facilities and debtor and creditor rights.

  Based upon experience representing banks, finance companies, borrowers, purchasers and sellers and public entities in conventional and innovative financings, this expert provides select litigation support and expert services in contract disputes, commercial and residential real estate, lender liability, legal malpractice, public finance, complex lending and credit facilities, and financial fraud cases. This expert's experience spans many years of due diligence, structuring, closing and restructuring public and commercial financial transactions on behalf of lenders; county, state and federal authorities and issuers; underwriters; finance companies; private equity and hedge fund investors; and borrowers.

  This expert has provided legal, advisory and consulting services to companies, financial institutions, state banking regulators and the federal government in emerging credit risk management techniques, developing "best practice" underwriting and due diligence guidelines and oversight procedures, bank mergers and acquisitions, special assets and work-outs, and developing regulatory compliant commercial lending policies, processes and procedures to meet financial crisis concerns and emerging laws and regulations.

  This expert has served as an expert in cases involving lender liability, legal malpractice, mergers and acquisitions, complex public and commercial lending and leasing transactions, Whole Bank Acquisitions and Shared-Loss matters, fraud and gross negligence, creditor's rights, bankruptcy, and other matters requiring niche lending and contract expertise. Three of these cases were nationally recognized and several were cases of first impression.

  This expert has also acted as an interim executive of several companies involved in turn-arounds including a real estate development company. This expert has assisted a number of companies financing efforts offshore and domestically including the capital raising efforts of approved EB5 Regional centers.

  This expert has practiced law for many years for a number of law firms.

  This expert has been a member of the National Association of Industrial and Office Parks, Turn Around Management Association, Association of Commercial Finance Attorneys, NAIOP Commercial Real Estate Development Association, Commercial Finance Association, Association of Corporate Growth, Risk Management Association, a State Bankers Association, and a Development Counsel.

  This expert has lectured and taught on a variety of topics, including lender liability; cross-border transactions; Sarbanes Oxley/FASB; Equipment Leasing; Factoring; Asset Based Lending; Ship Mortgages and finance; real estate development, special assets and creditors' rights; commercial loan documentation; and credit risk management in commercial loan portfolios and shared-loss compliance.

  
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• Expert Witness #243652

  Since being admitted to the bar, this expert’s practice has focused on secured real estate transactions. This expert is an experienced business litigator, representing clients involved in real estate and complex business disputes. This expert has particular expertise in the areas of mortgages, deeds of trust, foreclosure and antideficiency issues, as well as guarantees and U.C.C. personal property-secured transactions. This expert has also taught at a law school and has been retained as an expert consultant and witness in a variety of transactional and state and federal court matters. Expert work has covered such topics as title insurance, escrows, trust deeds and foreclosures, real estate sales transactions, commercial and real estate lending, commercial leasing, guaranties, attorney and broker standards of care and conduct, title searching and chain-of-title issues, priorities, real estate development, personal property-secured transactions, and usury in the real estate context. This expert has co-authored and edited collections of cases and materials on real estate sales, leasing and secured transactions. This expert is also the co-author of or contributor to various books, and articles. This expert earned a J.D. This expert also received a B.S. degree (Emphasis in Accounting and Finance), as well as an L.L.M. Tax degree.

  
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• Expert Witness #265442

  This expert has been a commercial lender and involved in tax matters in many hundreds of millions of dollars of commercial properties (equity and financing included). This expert is very familiar with SEC filings, residential and commercial real estate. This expert understands and has experience with defeasance clauses and provisions. This expert actively serves as a testifying litigation expert witness in residential and commercial real estate, financing, securitization and mortgage foreclosure fraud. This expert has worked on over 1,000 cases, testifying in hundreds of cases nationwide. This expert is a U.S. Treasury, Internal Revenue Service Certified Acceptance Agent. This expert is BAR accredited to instruct attorneys in Continuing Legal Education (CLE) and nationwide reciprocal BARs on the subjects of residential and commercial real estate, financing, securitization and mortgage foreclosure fraud.

  
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• Expert Witness #266366

  This expert’s practice focuses on commercial real estate transactions, and this expert regularly defends insureds and underwriters in title insurance litigation. This expert is a frequent lecturer in on title insurance, loan workouts, bankruptcy and various real estate topics. This expert has been an expert witness in eight matters.

  
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• Expert Witness #266541

  This expert has many years of banking and lending experience, specializing in credit risk. This expert completed a 4.5MM residential real estate case that required forensic evaluation of underwriting, appraisal process, collections, loan modification applications/decisions and compliance with government programs. The discovery in this case exceeded 60,000 pages and thousands of documents. This expert has completed a report and deposition of a $50MM fraud case requiring the evaluation of a multi-year relationship of underwriting, closing procedures, ongoing administration, collateral administration, financial information and analysis.
  
  During and after the real estate crash in 2006-10, this expert was part of a specialized residential real estate team that evaluated thousands of defaulted mortgages coast to coast. This involved forensic evaluation of fraudulent activity in mortgage lending, compliance with government modification programs, foreclosure processes, appraisal processes, collections, underwriting and documentation. This expert led a forensic evaluation of a portfolio of fraudulently underwritten home mortgages perpetrated by a rogue staff of a bank branch and documented a package for the FBI/DOJ for prosecution. This expert has written expert witness reports and has been deposed.

  
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