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Expert Witness and Litigation Support

Conrad Andersen, JD, MBA

Aliso Viejo, California 92656

1-949-424-9951

conrad@syntaxg.com

Mr. Andersen specializes in master and special servicing litigation support and commercial real estate loan and collateral forensics. Conrad has over 35 years of experience in managing all aspects of special servicing including commercial real estate loan workout/modification and OREO management and disposition.  Conrad's experience includes chapter 7, 11, and 13 bankruptcy workout, receivership, pooling and servicing agreement and REMIC, master and special servicing, CMBS rating process and placement,  B-piece disposition; and judicial and non-judicial foreclosure. Conrad, over his career, has placed approximately $30 billion of impaired corporately owned real estate and fixed-income investments.

Education/Credentials

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​Juris Doctorate (2012)

Taft Law School

Santa Ana, California

 

​Master’s in Business Administration (1998)

Master Thesis in Fixed-Income Investments (e.g. CMBS underwriting, credit rating, fixed-income mathematics, and placement)

University of Redlands

Redlands, California

 

​Bachelor of Science in Business and Management (1994)

University of Redlands

Redlands, California

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​Training and Special Development

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​Loyola Law School:

  • Studies in Receivership Law and Practice

 

UCLA:

  • Real Estate Investment Analysis

  • Analytical Tools of Real Estate Research

  • Real Estate Finance

 

​Credit Training:

Formal credit training at Bank of America in understanding the primary and secondary sources of repayment, including: 10-Qs/10-Ks; balance sheet, profit and loss, collateral evaluation, and cash-flow statements; understanding key financial operating ratios such as LTV, DCR, and variables affected by CRE product types; and business plan formulation

​California Broker Real Estate License #01278947

 

​Areas of Expertise

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  • Bankruptcy Law (i.e. 7, 11, and 13)

  • Receivership Law and Methods in Perfecting Lender’s Interest in the Cash Collateral

  • Purchase and Sale Contract Disputes

  • Standard of Care

  • UCC Law (e.g. perfecting interest in chattel)

  • Commercial Real Estate Loan Forensics (primary and secondary sources of repayment)

  • Special and Master Servicing

  • Corporately Owned Real Estate Disposition

  • Environmental/Hazardous Materials

  • Disclosure

  • Property Management

  • Title

  • Zoning/Use Entitlements 

  • Landlord/Tenant Issues

  • Tenant Credit Underwriting

  • Risk Management

  • Investment Property Analysis/Valuation (e.g. vetting value assumptions, including discount rate(s), reversion rate, stabilization factor)

  • Tenant Evictions

 

Product Type Expertise

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  • Retail

  • Office

  • Industrial

  • Multifamily

  • Mixed-Use Commercial

  • Storage Facilities

  • Hospitality

  • Special Purpose 

  • Brownfield Sites

 

​Forensic Experience

 

​I have testified and provided litigation support as a corporate officer for the Plaintiff and Defense involving environmental contamination, property management, tenant credit, valuation, geotechnical, and disclosure on numerous corporate real estate dispositions.

 

​Professional Experience

 

The Syntax Group (2016 - Present)

Litigation Support and Expert Witness on Master and Special Servicing Disputes

 

Execute Managing Principal – Aliso Viejo, CA

​

Assists major U.S. corporations with acquisition/disposition CRE due diligence (recently closed one of the most significant special purpose CRE acquisitions in the Western U.S.)

 

Litigation Support:

 

  • Pooling and Servicing and REMIC Requirments

  • Lender Liability Mitigation

  • Loan Classification and Mark-to-Market

  • Federal and State Regulatory Requirements

  • Primary and Secondary Sources of Repayment Forensics

  • Bankruptcy (i.e. 7, 11, and 13) workout

  • Receivership

  • OREO held-for-sale Disposition Best Practices

  • Project Valuation 

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Colliers International (2014 - 2016)

Corporate real estate service firm provides real estate strategy planning and financial services

 

Executive Managing Director Corporate Solutions - Irvine, CA

​

  • Authored several whitepapers on GAAP and IFRS accounting requirements for on- and off-balance sheet capital structures, along with sale leaseback and other bondable lease underwriting structures and their respective impact to a company’s financials

  • Established corporate real estate strategy for leading financial institution headquartered in California, with $33 billion in assets, including identifying optimal key performance indicators as to use, capacity, and planning, which resulted in approximately 28% savings of the company’s net occupancy expense

  • Created optimal build-to-suit and lease-back structure for Equifax, including identifying appropriate off-balance sheet structure to optimize operating effect of the company’s financial statements under GAAP (i.e. FASB 13)

  • Established consolidation strategy for industrial and office facilities located in the US and overseas for US based Fortune-500 company; strategy included portfolio analytics to determine current use/capacity, and excess/redundant sites in order to establish disposition plan and change associated with square feet/employee, hard offices to cubicles, and other use metrics

  • Executive lead for Fortune-250 US company in their global acquisition requirements (i.e. land and build to suit), including overseeing all CEQA, environmental impact studies (EIR), and other entitlement requirements for the company’s current and future commercial and industrial business space requirements

 

Newmark Grubb Knight Frank (2008 – 2014)

Commercial real estate service firm provides capital markets, transaction and portfolio management services

 

Executive Managing Director Corporate Solutions - Newport Beach, CA

​

  • Created and was lead instructor for company-wide, on-line training on discounted cash flow analytics, including how to extrapolate the appropriate discount and reversionary rates

  • Devised policy and procedures for First Community Bank, including loan classification and capital reserve criteria, risk management, FASB 114 and FASB 5 underwriting procedure, and REO management and disposition

  • Created successful disposition and management strategies for major money-center banks, savings banks, special servicers, private equity companies, with over $5 billion of assets managed

  • Instrumental in FSAM group achieving $11MM of EBITDA in 2010, within 14 months of startup

  • Provided executive oversight for Citibank, including reporting, valuation, receivership, property management, and REO management and disposition

  • Created domestic repositioning strategy for Gateway computer’s former headquarters site, including sale leaseback, parcelization, risk management, O&M plan, and leasing

 

CRESA Partners (2004 – 2008)

CRESA is a national tenant representation organization

 

Partner/Senior Vice President - Newport Beach, CA

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  • Oversaw an international co-research and development acquisition site criteria study for McAfee in St. Petersburg, Russia; Bucharest, Romania; and Prague, Czech Republic, including creating infrastructure, real estate and business incentive criteria methodology

  • Orchestrated overall leadership and responsibility for Gateway Computers, reducing the company’s balance sheet liabilities from $190MM to below $30MM in less than two years

  • Created repositioning strategies and tactical plans on excess owned and leased corporate real estate for Gateway Computers throughout the U.S., achieving significant recoveries via stabilized property operations and by completing all requisite entitlements

  • Managed the leasing/subleasing and lease termination of several hundred retail lease obligations in the U.S., within 36 months

  • Oversaw an international co-research and development acquisition site criteria study for McAfee in St. Petersburg, Russia; Bucharest, Romania; and Prague, Czech Republic

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Cal National BANK (2003 – 2004)

2003 – 2004

California State Chartered Savings Bank

 

 Vice President – Los Angeles, CA

​

  • Created curriculum for training bank’s special assets team, including asset valuation techniques (e.g. discounted cash flow, internal rate of return, feasibility analysis, and sensitivity analysis).

  • Created standardized business plan template for market, loan, and asset evaluation. Oversaw and reviewed all business plans to make sure that all necessary grammatical and economic revisions were completed as necessary.

  • Provided training for special asset’s group as to micro- and macro-economics and their effect on asset value. Created curriculum for legal training associated with the lenders rights and remedies under its mortgage documents.

 

Cisco Systems (2000 – 2002)

Multinational U.S. Technology Company

 

Director Corporate Real Estate – San Jose, CA

​

  • Co-chaired with leading national law firm in creating three-day legal training program for employees involved in corporate real estate development, acquisition and disposition management, including state and federal environmental law, land development, entitlements and zoning, and risk management

  • Created the curriculum and was lead instructor for several department seminars which covered micro- and macro-economic variables and their effect on business and fixed-income cyclicality; discussion included both domestic and global economic factors

  • Created the company’s policy & standards for their global corporate real estate, including planning, project and transaction management, risk and lease administration management

  • Created disposition plan for excess corporate real estate, including the successful “unwinding” of a 6MM SF project that eliminated potential operating and capital costs of approximately $240MM

  • Managed lease expansion requirements, leveraging the company’s credit, which resulted in reducing prospective operating costs by approximately $60MM over the term of the lease on just one expansion requirement on Tasman

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Bank of America (1991 – 2000)

Money-Center U.S. Financial Institution

 

Managing Director - Newport Beach, CA

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Established commercial mortgage-backed securities (CMBS) business for BofA; hired professionals and staff, created policy and procedures. Oversaw/established the conduit underwriting requirements for lending program; wrote business plan, underwrote pool structure, oversaw portfolio analytics and managed new and seasoned issuances; responsible for risk management, including hedging interest rate risk.

​

  • Created asset management business plan and financial underwriting template for impaired commercial real estate, including methodology for identifying key supply/demand factors and how to arithmetically capture risk variables in establishing current and future asset value.

  • Global responsibility for impaired commercial real estate (REO) division; managed 25 real estate asset managers who were responsible for bank-owned real estate (OREO and corporate real estate) and two portfolios within the Trust Department:  commercial real estate; and mineral, oil and gas.

  • Achieved 55% IRR on ‘B’ piece hold strategy; achieved one of the highest investment grade ratings ever achieved on a seasoned CMBS issuance

  • Structured a bondable lease sale’s transaction on a former bank data center (approximately 650K SF), which resulted in NRV gain of approximately $70MM

  • Executive oversight of the disposition of approximately $3 billion in commercial REO in 36 months, with average disposition price over 100% of book

 

Coast Savings Bank (1982 – 1991)

State-Chartered Savings and Loan

 

Senior Asset Manager, Los Angeles, CA

​

  • Managed Loan Servicing and Loan Workout, including loan classification, mark-to-market valuation, troubled debt restructurings, and lender possession strategies

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Publications--a partial list

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Andersen, C.  “Corporate Real Estate Sellers Beware: How the Mischaracterization of Soil Contamination Can Cost a Company Hundreds of Thousands of Dollars.” Web blog post. The Syntax Group. Syntaxg.com. 12 January 2018

 

Andersen, C.  “Cyber Security.”  Knowledge Leader, Tiger Oak Media/Colliers International (Fall 2015) p. 16-17.

 

Andersen, C.  “Financial Services Asset Management: Special Assets Market Conditions and Future Outlook.” The Real Estate Finance Journal. A Thompson Reuters Publication (Fall 2011) p. 12-16

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Andersen, C. “Leasing Exit Strategies.” Smart Business Magazine, SMART Bus. Network, Inc. ​(16 May, 2006)

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 Lectures/Seminar

 

​Andersen, C. “Current Macroeconomic & Regulatory Update." IMN Bank & Financial Institutions Executive Conference (2012)

​

Andersen, C. “Outlook & Strategies for Distressed Commercial Real Estate.” Financial Services Asset Management. Grubb & Ellis (2009-2013):*

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  • Newport Beach, California

  • Los Angeles, California

  • San Francisco, California

  • Detroit, Michigan 

  • Chicago, Illinois

  • Dallas, Texas

  • Atlanta, Georgia

  • Miami, Florida

 

​Andersen, C. “Banking & Financial Services Vertical.” Colliers International (2014/2015):

  • Los Angeles 

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​*Created seminar curriculum and oversaw panel discussion, which included leading real estate and special assets lawyers and academics with expertise in commercial mortgage-backed securities underwriting and structures, including:

 

Kerry Dean Vandell, UCI Deans Professor of Finance and Director, Center for Real Estate. The Paul Merage School of Business

 

Richard K. Green, Professor of the USC Lusk Center for Real Estate

 

Nancy E. Wallace, Professor of the Lisle and Roslyn Payne Chair in Real Estate Capital Markets and Chair of the Real Estate Group, Haas Real Estate Group, Berkeley

 

_________________________

 

Andersen, C. “CMBS Structure and Liquidity Issues.” USC Lusk Center for Real Estate. as a subject matter expert on panel (2012)

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Andersen, C. “Commercial Real Estate Discounted Cash Flow Analysis and Methodology.” Global Brokerage Team, Grubb & Ellis (2012)

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Andersen, C. “Finding Deal Flow: Securitization Structures.” CLE International (2010)

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Andersen, C. “Net Present Value, IRR, and DCF approaches to Value.” Asset Management Department. Cal National Bank (2004)

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Awards/Achievements

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2017, Syntax Group/Colliers, assisted land use/zoning entitlements on special purpose real estate acquisition. Assisted with all contract negotiations and due diligence. The acquisition was one of the most significant corporate real estate transactions in the Western US in 2017

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2009-2012 Grubb & Ellis, Financial Services Asset Management, $5 billion of impaired assets managed

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2008 Grubb & Ellis Corporate Real Estate, Outstanding Achievement Award in Corporate Real Estate, Orange Count, CA

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2006 Cresa Partners, Most Significant New Corporate Real Estate Account

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Bank of America, NationsLink Funding Corporation, $1,093,048,075, 1999

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Bank of America, First Union-Lehman, $3,067,243,000 FULBBA Series 1998-C

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Bank of America, $3,408,048,239, Commercial Mortgage Pass-Through Certificates Series 1998-C2

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1995 Bank of America, The Radisson Twin Towers Hotel and Convention Center Disposition, $38,125,000

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