Lender Liability Expert Witnesses

Banking, Financial - Banking operations, Checking Accounts, Bank Fraud, Trusts & fiduciary, Credit underwriting, Lending (all types), Loan administration, Mortgage banking, Foreclosures, Lender liability, Securities & investments, Economics & Accounting, Damages, failed banks analysis / D&O liability.

MCS ASSOCIATES (established 1973) is a nationwide specialist expert witness and litigation consulting group that concentrates in seven key areas:  Banking and Lending  Securities & Investments  Investment Banking & Finance  Financial Services  Insurance  Real Estate  Damages, Economic Analysis & Forensic Accounting Our company takes greater pride and care in identifying and selecting the right experts with the specific specialized expertise needed for each assignment, and we undertake expert witness assignments throughout the United States. Our clients include several thousand leading national and regional law firms, as well as many smaller and specialized boutique practices, and we also work extensively with numerous regulatory and government agencies. BANKING & LENDING: Experts include a wide range of senior bankers, lenders, consultants, accountants, trust & investment managers, regulators, etc. BANKING & LENDING AREAS OF EXPERTISE INCLUDE: Banking operations; Ch...

Real Estate, Financial - SBA Loans, Hard Money Loans, Lending Customs and Practice, Title Insurance, Broker Standards of Care, Banking Operations, Lender Liability, Construction Lending, Private Money Lending, Bank Finance, Expert Reports adherent to Federal Rule 26, Collateral Review, Broker Fiduciary

Active lender with over 37 years of experience in Banking, Finance, and Real Estate Lending. Licensed with the California Bureau of Real Estate. CalBRE#01523075 Jay Hibert was in the commercial banking industry for 25 years before leaving to form his own company, a real estate lending and consulting company. Jay is licensed with the California Bureau of Real Estate and for over 10 years his company was a licensed California Finance Lender. The company provides services to banks, non-banks, and individuals in need of creative financing solutions. With now over 37 years of experience in banking and real estate, Jay's market knowledge and transactional experience has allowed him to work in a consulting and expert witness capacity for many clients over the years. 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 i...

Business Damages, Accounting - CPA expert witness, forensic accounting, damages, business valuation, lost profits, reasonable royalty, alter ego, intellectual property, wrongful termination, wrongful death, breach of contract, lender liability,banking, entertainment, insurance, manufacturing, retail, securities, wholesale.

Thomas Neches, managing partner of Thomas Neches & Company LLP, provides accounting, financial, business valuation and statistical analyses to assist attorneys involved in litigation. Mr. Neches has testified as an expert in state and federal courts in Arizona, California, Florida, Kentucky, Missouri, Nevada, New York and Oregon. He is a Certified Public Accountant, Accredited in Business Valuation, a Certified Valuation Analyst, a Certified Fraud Examiner and is Certified in Financial Forensics. He received his BA in Mathematics and Literature from UC San Diego and his MS in Operations Research from UCLA. Mr. Neches has testified to juries on behalf of both plaintiffs and defendants in antitrust, breach of contract, fraud, intellectual property, lender liability, personal injury and wrongful termination cases. Examples of the litigation issues he has addressed include lost profits, lost business value, determining a reasonable royalty and piercing the corporate veil. Representativ...

Real Estate, Financial - commercial real estate finance, Mortgage, Debt, Lender, Borrower, Interest Rate, Loan Terms, Bankruptcy, CMBS, Bank, Alter Ego, Lender Liability, Loan Underwriting, Loan Origination

I am an expert in commercial real estate finance with over 40 years of experience. I have arranged over $11 Billion in financing for my developer and investor clients. I work as an active professional arranging capital placement for my clients, and I am therefore well-versed in commercial real estate finance and related issues as well as the current and past state of the capital markets. Over the past 25 +/- years, I have served as an expert witness or consultant on over three hundred matters, given deposition testimony over 150 times, and trial testimony 100 +/- times in Federal, State, and Bankruptcy courts as well at ADR proceedings. Expert testimony has included: Chapter 11 Interest rate determination, partnership disputes, lender/borrower disputes, landlord/tenant disputes, alter ego issues, lender liability matters, lender approval process, the suitability of financing, forensic determination of market-rate and terms of financing, economic feasibility, market impacts on l...

Banking, Bankruptcy - Lender Liability, Loan Workout, Bankruptcy, Liquidation, Creditor Rights, Asset Based Lending, ABL, Cross-Border Workouts, Chater 11, Chapter 7, Assignment for the Benefit of Creditors, Foreclosure, Insolvencey, Receivership, Banking, Comm'l Banking, Restructuring, Balance Sheet Restructuring, SBA

Tom Donnelly is a banking and finance expert, with over 25 years of practice in bankruptcies, acquisitions, divestitures, workouts and restructuring. He has led steering committees in negotiations with CEO’s and CFO’s of distressed companies and their professionals and has restructured syndicated credit facilities both in and out of Chapter 11. He has also negotiated going concern sales, liquidations and restructures in the U.S. and Latin America. He is a decisive leader who has worked with distressed companies and guided lenders and businesses through difficult situations. Tom has worked on a wide range of industries including retail, commercial real estate, consumer products, manufacturing, media, financials, energy, agriculture and auto parts suppliers. Tom is an expert witness in Problem Loans and Lender Liability. Tom teaches Loan Workout for the Risk Managenment Association. He has also lectured at Kellogg and Quinnipiac Universities. Specialties: Risk Management, Regulatory C...

Banking, Fraud - Bank Practices and Procedures, Banking Industry Standards, Bank Operations, Bank Policies, Bank Regulations and Law, Lending, Lender Liability, Loan Documentation, Bankruptcy, Bank Fraud, Commercial Real Estate and Mortgages, Bank Credit Administration and Credit Policy Issues.

Mr. Richards has more than 34 years of banking experience in all aspect of banking. His experience as a Founder, President, and Director of two De-novo banks and heading up a work-out department for a regional bank give the client and attorney a behinds the scene understanding of banks. He has extensive experience in lending, lender liability, banking operations, regulatory oversight, policies, procedures, documentation, and standards of banking practice. In 2009 he began his consulting and expert witness career, serving both plaintiffs and defendants. He has qualified and testified at trial in state and federal courts as an expert witness. He has also testified as an expert witness in a white collar federal criminal case. He serves clients nationally and has represented clients in 38 states since beginning his expert witness career. He has been retained in over 120 cases as an expert witness.

Banking, Financial - Banking, loans, contract disputes, commercial and consumer finance, mortgages, derivatives, lender liability, legal malpractice, public finance, fraud, bankruptcy, debtor and creditor's rights, banking regulations, lending compliance, bank policies and procedures.

Peter has thirty years of transactional, public and private commercial and real estate finance, legal and bank consulting experience. He serves as an expert in cases involving public, commercial and real estate financing transactions. He provides litigation support in cases involving contract disputes and complex public and commercial finance matters centering on debtor and creditor rights. Based upon his experience representing banks, finance companies, borrowers, investors and public entities in conventional and innovative financings, Peter provides 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. His experience spans thirty years of due diligence, structuring, closing and restructuring public and commercial financial transactions on behalf of lenders; county, state and federal authorities and issuers;...

Banking, Business Damages - lender liability, foreclosure, banking standards, banking regulation, bankruptcy, receivership, fiduciary duty, fraud, insolvency, mergers and acquisition due diligence, quality of earnings, valuation and damages

Nancy D. Terrill is a former Banking Executive with over twenty-five years of progressive lending and management responsibility with a regional bank and a money center bank. Her Banking expertise was built in Commercial Lending. Ms. Terrill spent 15 of her 25 year banking career in the Special Assets Division working on resolution of the problem loan portfolio. During that time, she was involved in hundreds of litigation matters including foreclosure and other collection litigation, bank fraud matters and lender liability cases. She progressed to the level of National Manager of the Special Assets Division of KeyBank NA where she had management responsibility over 130 employees serving a loan portfolio of $3 billion at the peak. Since then she has worked for a major public accounting firm (transaction due diligence work) and Turnaround/Restructuring firms, providing consulting advice to underperforming companies. In addition, over the past 10 years since leaving banking, Ms. Te...

Banking, Financial - commercial lending, bank governance, commercial credit underwriting, collections, loan workouts, regulatory response, credit review and examination, due diligence, consent orders, lender liability, breach of good faith, wrongful defaults, control and interference, duress and coercion

Professional Experience More than 25 years in four mid-sized regional and community banks, serving in senior and executive management roles including Chief Credit Officer and Chief Lending Officer, as well as 15+ years in financial institution managing consultant roles that include major organizations: Hewlett-Packard (formerly EDS), Deloitte, and Computer Sciences Corporation. Activities included five years serving as a special agent for the Commissioner of the Texas Department of Banking overseeing troubled banks, typically under consent orders resulting from poor lending and credit practices. Litigation Support Experience Serving both plaintiff and defense attorneys in banking and insurance industries in the following: loan structuring issues; credit underwriting, processes, and controls; and best practices in originating, servicing, and collection of commercial and industrial loans and commercial real estate credits. Expert witness activities include consultations, written r...

Banking, Real Estate - commercial loans, residential mortgages, mortgage loan servicing, predatory lending, truth in lending, RESPA, debt collection, underwriting, consumer protection, USPAP compliance, appraisal review, lending operations, foreclosures, disclosure, due diligence, lender liability, risk

Former Senior Vice President with over 20 years of lending, cash management, and bank operations experience. Vast hands-on experience in bank lending practices, deposit accounts, and matters involving residential real estate and mortgage loan servicing. Certified Residential Appraiser. Certified in credit risk. Extensive, coast-to-coast, experience as an expert witness (retained in more than 200 matters). Expert witness engagements have involved commercial loans, residential mortgages, predatory lending, debt collection, underwriting, consumer protection, fraud, truth in lending, lender liability, mortgage loan servicing, deposit accounts, residential property valuation, and USPAP compliance. Clients include individuals, small business owners, mortgage loan servicers, and some of the largest lenders in the US. Experienced in both state and federal cases (including class actions). Extensive testifying experience at deposition and trial.