Specialties & Experience of this Expert Witness

Additional Information

Monique Bryher is a licensed real estate broker (California DRE #01766461), licensed loan officer (NMLS #1721888) and CFE (Certified Fraud Examiner) who provides expert consulting, expert witness testimony and litigation support on behalf of attorneys and lending institutions in the following areas: (1) Sales of real property including trust sales, probate properties (full and limited authority), bankruptcy/receivership and divorce proceedings. (2) Expert Consulting and litigation support ∙• Criminal prosecutions involving real estate fraud •∙Civil litigation in real estate cases related to the following: (1) Issues and conflicts with dual-agency representation (2) Issues with disclosures, including potential fraudulent concealment of material facts (3) financial elder abuse. (3) Probate and Trust Sales – https://losangelesprobaterealestatesales.com/ Listing agent and buyer’s agent in the sale of properties held in trust or that are in probate, including those requiring court confirmation. ∙ Have discovered several cases of fraudulent conveyances of deeds and deed transfers by deception of elderly or deceased homeowners. Some of these occurrences were by relatives; others by fiduciaries. (4) REO (real estate owned / bank-owned) property sales and expert consulting • Property valuations, property and asset management • Eviction court proceedings, documenting evidence for police reports • Bank and asset management company contracts and practices • Disclosure and liability issues to both bank and purchaser • Negotiating move-out settlement costs, aka “cash for keys” with former owners and renters (5) Short Sale and expert consulting • The expectations, conditions and contractual terms lenders have before approving a short sale • Different kinds of short sale fraud schemes; short sale fraud investigations. Criminal Cases: PEOPLE V. HERRERA SINDELL GROUP - CASE # 2010032615 Engaged by the Ventura County District Attorney’s Office to evaluate real estate contracts and other documents given by the defendants to the victims and provide expert opinion to the prosecution. Defendants pleaded guilty just prior to witness trial prep. Civil Cases: CATARINA FRANCISCO, ET AL V. BANK OF AMERICA N.A. - CASE NO. 14-cv-887-AJW Named as an unretained expert fraud by Plaintiff’s counsel. Case settled. STEVEN J. KIM, ET AL. VS. PRESTON B. FIELDS, ET AL. – CASE NO. PC055621 Expert witness for a plaintiff suing a Realtor®, her broker and their sellers for allegedly conducting a fraudulent short sale. Case settled. DAN STEIN VS. HARRYOT BEST-SCHERMERHORN – CASE NO. 20STCV08954 Defense consultant for the attorney of a conservator whose elderly client, a woman with diminished capacity, was sued for specific performance on a real estate contract to purchase her home. Case mediated resulting in cancellation of the sale. AMY M. RIKIMARU VS. JAIME M. PEREZ ET AL. – CASE NO 30-2020-01165136-CU-BC-CJC Defense expert witness for a real estate lawsuit in which the plaintiff alleged breach of contract, negligence, negligent misrepresentation, fraud and other causes of action. Case settled prior to trial. Plaintiff’s witness in L.A. Superior Court on behalf of Wells Fargo Bank, which was evicting unlawful tenants from one of its foreclosed properties. Managed the eviction and return of property keys. This was circle 2009-2010. Plaintiff’s witness in L.A. Superior Court on behalf of a local law firm on an eviction matter. Wrote a report determining current value of the property and attended court hearing, during which parties settled. This was circle 2009-2010. *** THERE IS MUCH MORE INFORMATION IN MY C.V. ***