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Mortgages expert witness Joffrey G. Long will moderate a special session on title insurance as part of the January 30-31 educational program presented by the California Mortgage Association in Universal City, CA. In Securing a mortgage expert witness: Types of real property lawsuits, Mr. Long writes:

There are many types of lawsuits involving loans secured by real property; they often fall into one of six general themes:

4) Loan servicing, default and modification issues: Cases involve what occurred after a loan was originated, including issues about application of payments; the processing, denial, or granting of loan modifications; and foreclosure.

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What areas of internet technology may internet security expert witnesses consult on? These experts may write reports and testify concerning internet devices, smart appliances, computer security intrusions, hacking, and more. As more objects are becoming embedded with sensors and gain the ability to communicate, malicious e-mails have now been sent by internet connected appliances including wireless speakers, televisions and at least one refrigerator. Guardian Liberty Voice reports that a smart refrigerator was among the more than 100,000 appliances and devices used by hackers to send out spam emails.

McKinsey and Company writes on smart appliances:

When objects can both sense the environment and communicate, they become tools for understanding complexity and responding to it swiftly. What’s revolutionary in all this is that these physical information systems are now beginning to be deployed, and some of them even work largely without human intervention.

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Explosions expert witnesses may consult regarding dust explosions, flammable materials, combustion, and associated matters. On Monday, an explosion at the International Nurtrition animal feed processing plant in Omaha caused part of the facility to collapse and sent more than ten employees to the hospital. OSHA writes:

The grain handling industry is a high hazard industry where workers can be exposed to numerous serious and life threatening hazards. These hazards include: fires and explosions from grain dust accumulation, suffocation from engulfment and entrapment in grain bins, falls from heights and crushing injuries and amputations from grain handling equipment.

Grain dust explosions are often severe, involving loss of life and substantial property damage. Over the last 35 years, there have been over 500 explosions in grain handling facilities across the United States, which have killed more than 180 people and injured more than 675.

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Toxicology expert witness Justin David Schwane testified in the manslaughter trial of Dallas Cowboys player Josh Brent. The Dallas County Crime Lab toxicology chemist testified regarding blood alcohol calculations and determined that Brent had been drinking heavily before the accident that claimed the life of teammate Jerry Brown. Schwane went on to say that Brent may have had as many as 17 alcoholic drinks for his blood alcohol level to reach 0.189. Schwane tested three samples of Brent’s blood at the time of the arrest.

Brent drove his car at 110 mph in a 45 mph zone and crashed into a curb which caused the car to fly into the air.

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Mortgages expert witness Joffrey G. Long will moderate a special session on title insurance as part of the January 30-31 educational program presented by the California Mortgage Association in Universal City, CA. In Securing a mortgage expert witness: Types of real property lawsuits, Mr. Long writes:

There are many types of lawsuits involving loans secured by real property; they often fall into one of six general themes:

2) The commercial loan gone bad: In this case, again often involving loans originated in 2007 or before, (and with a surprising percentage originated in either 2006 or 2007) a commercial property owner or developer has obtained a loan, or often a series of loans from a commercial institution or private money lender.

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In EFFECTIVE VALUATION & LITIGATION SUPPORT IN CORPORATE SECURITIES LAWSUITS, forensic accounting expert witness Richard M. Squar, CPA, CVA, ABV, CFF, MBA-Taxation, writes:

In conjunction with statutory definitions of value, additional levels of value are analyzed for their applicability.

FURTHER LEVELS OF VALUE

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Environmental forensics expert witnesses may consult on environmental health and safety, soil/groundwater investigations, above ground and underground storage sites, and associated matters. In the news, hundreds of thousands of West Virginia residents have been without tap water since Thursday after a chemical leak contaminated their water supply. On Friday the West Virginia Department of Environmental Protection’s Division of Water and Waste Management issued a Cease Operations Order to Freedom Industries, Inc. and is now requiring the company to remove the contents in the 11 remaining above-ground storage tanks at its Etowah Terminal in Charleston. The chemical MCHM leaked from tanks and entered the Elk River on Thursday and then a water treatment facility. The West Virginia Department of Environmental Protection reports:

According to the order issued Friday night, Freedom Industries must begin, within 24 hours, removing all material from all above-ground storage tanks and store the material in an off-site area which provides adequate secondary containment.

Also within 24 hours, Freedom Industries must submit for approval an appropriate plan of corrective action which at a minimum shall include, among other things, a detailed plan to appropriately implement a remediation of all contaminated soil and/or groundwater and a plan and schedule for the ultimate disposition of the products stored in these tanks.

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In I have been surprised, Meredith Hamilton, VP Marketing, Expert Communications, writes on engagement letters, most noticeably: attorneys have changed one or two provisions in the contract without notifying the expert and then sent it back signed without saying a word!

Back story: Last month I attended the FEWA Dallas/Fort Worth Chapter Dinner Meeting at the Tower Club in Dallas. Real estate expert Dr. Jack Friedman was presenting “Advertising and Promotion of Expert Services.” And while the topic was of interest to me, in all honesty I was looking forward to hanging out with a couple of our clients I knew would be attending.

Well lo and behold if I didn’t hear something that made me sit up straight and pay attention. Jack was discussing the elements and format of an engagement letter. He cautioned against sending as a Word document (or using “Compare Documents” feature if you did) because it could be altered without your knowledge. I thought to myself, “Surely not,” but as I began shaking my head, the stories came out from the experts attending. Sure enough, attorneys have changed one or two provisions in the contract without notifying the expert and then sent it back signed without saying a word! It never would have occurred to me to check line-by-line like that, but at least three experts confirmed that this happens.

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Advertising expert witnesses may consult and testify on issues including comparative advertising, deceptive ads, consumer behavior, and false advertising. On 1/9/14, FTC.org reported:

The Federal Trade Commission announced today that nine auto dealers agreed to settle deceptive advertising charges, and the agency is taking action against a 10th dealer, in a nationwide sweep focusing on the sale, financing, and leasing of motor vehicles.

According to the complaints, the dealers made a variety of misrepresentations in print, Internet, and video advertisements that violated the FTC Act, falsely leading consumers to believe they could purchase vehicles for low prices, finance vehicles with low monthly payments, and/or make no upfront payment to lease vehicles. One dealer even misrepresented that consumers had won prizes they could collect at the dealership. The FTC website shows an ad with an advertised price that was after a $5,000 down payment, but that detail was only noted in fine print at the bottom of the ad.

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What areas may a mapping and surveying expert witness consult on? They may write reports, testify, and consult on issues involving land surveying and boundary line determination, title surveys, easements, and boundary determination. In Angle Points: Having a License Doesn’t Make You an Expert, Michael Pallamary, PS, discusses what a professional engineer or land surveyor needs to qualify as an expert witness.

Not everyone is capable of being an expert. The earliest known recognition of the use of an engineering expert arose in 1782, when the noted civil engineer John Smeaton testified as to why Wells Harbor in Norfolk, England was silting up.

Michael Pallamary, PS, has been in the surveying profession since 1971. He is a frequent lecturer at conferences and seminars and teaches real property to attorneys and other members of the legal profession.