Litigation & Trial Practice
Our litigation and trial practice team is comprised of hand-selected attorneys that handle substantive and complex litigation for lenders, loan servicers, title insurance companies and their insureds, other law firms, and individuals. Our litigators represent clients from across the country in all levels of state, federal, and bankruptcy courts in Georgia, including hundreds of cases in federal court and dozens of cases before the Eleventh Circuit Court of Appeals. The litigation team’s attorneys have received awards for their pro bono work and have been selected to the 2017 Super Lawyers Rising Star list.
Some of the Litigation & Trial Practice Group’s areas of practice include:
Title Insurance Litigation
We advise title insurance companies, underwriters, and lenders on resolving claims resulting from defective titles, including issues like fraudulent transfers, lien conflicts, improper, fraudulent, and forged documentation, adverse possession, and easement and boundary disputes. We also represent title insurance companies and their insureds in the bankruptcy arena by litigating lien avoidance and preference actions. We also advise title insurance companies on coverage issues and represent these companies in legal actions throughout the state.
Title Curative Litigation
Our title curative litigation practice goes hand-in-hand with the title insurance litigation. Our litigators take pride in spotting title-related issues affecting real property and resolving them in the most cost effective manner possible for our clients. This could entail filing actions to reform deeds or contracts; to quiet title, both as to all the world and as to single issues; to seek declaratory judgments to establish the intent of the parties and to cure defects in documents; to resolve lien and interest priority disputes; to revive liens that have been erroneously cancelled; and to resolve issues related to fraudulent and forged documents. We also help our clients extend the life of their security instruments when they are about to expire.
Foreclosure and Defensive Litigation
Our litigators also represent lenders, loan servicers, and other law firms in actions brought by homeowners, homeowner’s associations, and third-party purchasers at foreclosure sales, in state and federal courts in Georgia. Among the various claims that are often defended by our attorneys are claims for wrongful foreclosure, wrongful attempted foreclosure, wrongful eviction, breach of contract, unjust enrichment, fraud and misrepresentation, and violations of the FDCPA, RESPA, TILA, FCRA, and other laws and regulations.
The litigation group represents lenders, loan servicers, and title insurance companies in bankruptcy courts, litigation lien avoidance and preference actions, challenges to proofs of claims and motions for relief, and other contested and adversary proceedings related to the lenders’ and servicers’ security interests in real property, and state and federal claims related to the residential lender and servicing industry.
Our litigators are skilled in appellate practice, having participated in and winning dozens of appeals in the Court of Appeals of Georgia, the Georgia Supreme Court, and the Eleventh Circuit Court of Appeals. The litigation group has also drafted and filed amicus briefs dealing with matters of interest for our clients.
Local Code Enforcement Actions
Our litigators represent lenders, loan servicers, and property owners when liens or fines are placed against a property due to the alleged violation of municipal or county ordinances. Our group is experienced in negotiating and mitigating these liens and fines and on working closely with our clients on how navigate these local issues.
Federal and State Forfeiture and Eminent Domain Cases
The litigation group represents title owners and lien holders in the defense of federal and state forfeiture actions upon the taking of real property due to eminent domain, illegal takings, and civil forfeiture proceedings. In eminent domain cases our attorneys work diligently to obtain the value of the taking in order to make our clients whole, and we work to ensure that any money awarded is distributed pursuant to the relevant contracts. In handling forfeiture proceedings we work ensure that our clients keep their interest in the property, to the extent it is superior to that gained by the state or government due to their taking of the property.