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 and documentation. Mr. Nicholson has worked with clients on derivative disputes, loan pricing issues, matters related to foreclosures, lender liability, director and officer governance and environmental matters. The majority of Mr. Nicholson’s experience is related to commercial real estate (to include hospitality,condominiums, senior living/nursing homes, self storage, retail and office), /commercial/real estate banking and real estate investment banking as well D&O defense in support for FDIC actions filed against Officers and Directors. He is currently a Principal with 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, 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.
Areas of Expertise
- 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, 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' April 2010
- 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: 12/2010 retained by multi-office S. Florida law firm defending a bank regarding REO disposition procedures. Dismissed
2/2011 in support of a plaintiff in a lender liability case against a national bank. Settled
1/2012. currently retained by a southeastern law firm on behalf of a bank client defending a lender liability claim involving a deed in lieu of foreclosure and a joint venture issue. Dismissed
2/2012 retained by a professional sports agent and his law firm on behalf of his client who was advised by the wealth management arm of money center bank to invest in certain CRE properties which were allegedly misrepresented. Settled
9/2012 retained by a national law firm representing a financial institution in a disputed foreclosure action on property located in S FL. Settled
10/2012 retained by a FL law firm on behalf of the plaintiff in a matter involving alleged negligent legal representation in a real estate transaction. Settled
10/2012 retained by a national law firm on behalf of a public real estate company, the defendant, involving an alleged fraudulent property transfer. Settled
11/2012 retained by a mid-south law firm representing a plaintiff with a counter-claim filed against a money center bank involving a failed resort development. Settled
1/2013 retained by a Fl law firm representing a group of plaintiffs in a tenant-in-common (TIC) action against a national property management company alleging mismanagement resulting in economic damages. Settled.
9/2013 retained by a south Fl law firm on behalf of a plaintiff involved in an action involving a foreclosure, business damages and alleged lender liability. Settled
10/2013 retained by a regional law firm representing an insurance company disputing an D&O liability action brought by the FDIC involving restitution by D&O's of a failed bank in the southeast. Settled
10/2013 retained by a Fl law firm representing a community bank in a Chapter 11 Bankruptcy and a related foreclosure action. Settled
6/2014 retained by a Fl law firm defending a lender liability counter-claim against community bank relating to proposed property transfer, potential loan related thereto, regulatory/policy matters and and appraisal issues. Trial
2/15 retained by defense team in a Federal criminal bank fraud case. Trial
9/15 retained by a regional law firm defending Officers and Directors of a failed bank against claims alleged by the FDIC. In process
12/15 retained by a east coast law firm defending a D&O claim brought by the FDIC. Settled
3/16 retained by a law firm representing a bankruptcy trustee suing an investment bank over representation and fiduciary issues. Settled.
7/16 Retained by a Florida law firm representing a client in an action against a money center bank failing to properly oversee the client's account. Settled
5/17 retained by a mid-Atlantic law firm representing a mortgagor in a disputed foreclosure action. Settled
6/17 retained by mid-Atlantic law firm defending residential foreclosure involving improper mortgage servicing customer notification issues. Settled
2017 retained by a south Florida law firm relating to a fee dispute involving an investment bank and an overseas real estate development. Trial
3/19 retained by regional law firm in a class action proceeding related residential loan servicing.
4/19 retained by a Florida law firm defending a loan appraisal firm in a loan matter.
- 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, FIRREA, deed in lieu of foreclosure, legal negligence, FDIC actions against officers and directors and OCC regulatory interpretation.
- 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: 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 150 cases.
- 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 two 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. Billable rates for support staff $50 to $250 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.