Mr. Nicholson has extensive experience as a senior and executive officer with major banks (PNC and Bank of America/Barnett), a REIT, a mortgage company and a thrift. He has served on the senior and executive loan committees in these organizations and has a comprehensive understanding of loan origination, approvals, documentation and dispute resolution. Mr. Nicholson has worked with clients on loan pricing issues, matters related to foreclosures, lender liability, director and officer governance and environmental matters. Mr. Nicholson’s experience includes commercial real estate ( hospitality, condominiums, senior living/nursing homes, self storage, retail, office and PUDs), commercial/real estate banking and investment banking as well D&O defense related to FDIC actions filed against Officers and Directors. He is currently a Principal and CCO at Heritage Capital Group, a FINRA broker dealer, located in Jacksonville, Florida. He has experience selling real estate owned, finishing partially completed projects and settling disputes related to troubled loans. Mr. Nicholson has been involved in lending in many major markets in the United States and has a specific knowledge of most primary and secondary markets in Florida. He holds current series 7, 14, 24, 63 and 79 securities licenses as well as a Florida Real Estate Brokers’ license. Mr. Nicholson graduated from Wesleyan University in Middletown, Connecticut with a BA and from the University of North Carolina at Chapel Hill with a MBA. Mr. Nicholson serves as the Chief Compliance Officer for Heritage Capital Group (www.heritagecapitalgroup.com) and as a board member for BBX Capital Corporation (NYSE - BBX) with duties on the Compensation and Audit Committees.
Mr. Nicholson has testified in Federal (civil and criminal), State, District of Columbia and Bankruptcy courts.
- Class Actions
- Commercial Real Estate
- Construction Lending
- Corporate Governance
- Investment Banking
- Real Estate Finance
- Residential Real Estate
- Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
- A: MBA - University of North Carolina, Chapel Hill, NC
BA - Wesleyan University, Middletown, CT
Active securities licences - series 7,14, 24, 63 and 79
Active Florida Real Estate Brokers' License
Formerly held a North Carolina Real Estate Brokers' License and a Florida Mortgage Brokers' License
- Q: Please list your affiliations or memberships in any professional and/or industry organizations:
- A: Past member University of Florida Real Estate Advisory Board
Past President of the Governor's Council for a Sustainable Florida
Past Chairman of the American Bankers Association Real Estate Committee
Past Chairman of the American Bankers Association Environmental Task Force
- Q: Please list any teaching or speaking experience you have had, including subject matter:
- A: University of Florida Masters in Finance guest lecturer - 'Private Equity and Failed Bank Acquisitions'
- Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
- A: No
- Q: On how many occasions have you been retained as an expert?
- A: 22
as 7/20/2021 I have 6 active cases
- Q: For what area(s) of expertise have you been retained as an expert?
- A: REO loan disposition, Chapter 11 bankruptcy, lender liability, loan policy review, discriminatory lending, deed in lieu of foreclosure, attorney negligence, FDIC actions against bank officers and directors, partnership disputes , criminal bank fraud, REIT matters, EB-5 investor fraud , Cryptocurrency, foreclosure actions, residential development, and fiduciary/good faith matters, class actions and partnerships
- Q: In what percentage of your cases were you retained by the plaintiff?
- A: 50%
- Q: In what percentage of your cases were you retained by the defendant?
- A: 50%
- Q: On how many occasions have you had your deposition taken?
- A: 18
- Q: When was the last time you had your deposition taken?
- A: 6/2021
- Q: On how many occasions have you been qualified by a court to give expert testimony?
- A: Qualified in Federal, State of Florida, District of Columbia and Bankruptcy Courts
- Q: On how many occasions have you testified as an expert in court or before an arbitrator?
- A: 7
- Q: For how many years have you worked with the legal industry as an expert?
- A: 12
- Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
- A: Comprehensive analytical support. My firm, Heritage Capital Group, and our related company Business Valuations Inc. have provided litigation support for over 400 cases.
- Q: What is your hourly rate to consult with an attorney?
- A: no charge
- Q: What is your hourly rate to review documents?
- A: Call for rates
- Q: What is your hourly rate to provide deposition testimony?
- A: Call for rates
- Q: What is your hourly rate to provide testimony at trial?
- A: Call for rates
- Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
- A: Reimbursement for travel and related costs. My three research assistants have varied backgrounds - previous experience as a bank examiner, chief credit officer and member of due diligence teams for bank acquisitions; CPA with extensive experience as a commercial loan underwriter as well as 20 years in real estate development; and residential lending, underwriting and servicing manager. Billable rates for support staff $50 to $325 an hour.
deborah b. story
associate general counsel
bank of america
904 791 5719
561 838 4535
'Mr. Nicholson was able to grasp the problem quickly, and within a couple of days, provide an analysis of the facts, and information that proved critical in avoiding summary judgement and ultimately enable my client to resolve what had previously been irresolvable situation.' Verified- written (3/2/2013) by Frank Eppes, Eppes & Plumblee, P.A.