ESCROW EXPERTS & WITNESSES



Escrow is a legal arrangement in which an asset (often money, but sometimes other property such as art, a deed of title, website, or software source code) is delivered to a third party (called an escrow agent) to be held in trust pending a contingency or the fulfillment of a condition or conditions in a contract such as payment of a purchase price. Upon that event occurring, the escrow agent will deliver the asset to the proper recipient, otherwise the escrow agent is bound by his or her fiduciary duty to maintain the escrow account.


Professional Expert Witnesses:

Mr. Roy H. Owen

New York, NY, US

Amsterdam Advisors

Over 30 years experience in real estate capital markets, financial institutions advisory, restructuring, bankruptcy, litigation consulting, and management consulting, including as partner in a Big Four consulting firm. Experienced consulting and testifying expert in CMBS, commercial real estate, valuation, and related matters.



Ms Julie Cline

Monrovia, CA, US

Preferred Realty Partners LLC

Certified Mortgage Consultant; Certified Mortgage Technologist; National Ethics Bureau Member; CA DRE Broker with 20 years of financial services expertise spanning both coasts. Specializing in mortgage banking origination and operations;regulatory compliance and secondary marketing.



Katz

Irvine, CA, US

MCS Associates

Expert Witness and Litigation Services are a major focus of MCS Associates, a nationally recognized consulting group that has provided management, operational and regulatory consulting services to financial institutions, insurance companies and regulatory agencies as well as real-estate and financial services organizations nationwide for over 30 years. We perform expert witness assignments throughout the United States and the firm’s clients include several hundred leading law firms around the country.



Ms Shari Nestor

Scottsdale, AZ, US

Founder and President of Professional Escrow Resources, LLC, Shari Nestor has over 30 years experience in the area of Title, Escrow, Marketing & Sales of Real Estate Related Services, Loan Processing and Real Estate Development. Ms. Nestor has created curricula and has taught classes to Real Estate Agents, Financial and Escrow Personnel. She has created and/or assisted in creating training manuals for office staff. Additionally Shari Nestor has written and implemented Marketing Plans and authored articles for industry related newsletters. She has assisted her staff and co-workers in their career pathing to achieve their professional and personal goals.




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More Details:

Escrow is a legal arrangement in which an asset (often money, but sometimes other property such as art, a deed of title, website, or software source code) is delivered to a third party (called an escrow agent) to be held in trust pending a contingency or the fulfillment of a condition or conditions in a contract such as payment of a purchase price. Upon that event occurring, the escrow agent will deliver the asset to the proper recipient, otherwise the escrow agent is bound by his or her fiduciary duty to maintain the escrow account. Not all escrow agreements impose the duties of a legal trustee on the escrow agent, and, in fact, in many such agreements, escrow agents are held to a mere gross negligence standard and benefit from indemnity and hold harmless provisions. While escrow is best known in the United States in the context of real estate (specifically in mortgages where the mortgage company establishes an escrow account to pay property tax and insurance during the term of the mortgage), escrow companies are also commonly used in the transfer of high value personal and business property, like websites and businesses, and in the completion of person-to-person remote auctions (such as eBay). Escrow is also known in the judicial context. So-called escrow funds are commonly used to distribute money from a cash settlement in a class action or environmental enforcement action. This way the defendant is not responsible for distribution of judgment monies to the individual plaintiffs or the court-determined use (such as environmental remediation or mitigation). The defendant pays the total amount of the judgment (or settlement) to the court-administered or appointed escrow fund, and the fund distributes the money (often reimbursing its expenses from the judgment funds). In some jurisdictions, real estate brokers are considered to act as escrow agents when they accept deposits or earnest money for the purchase of real property. In many jurisdictions, the duties of such agents are codified.

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