Practice Areas

Litigation & Trial Practice

For nearly three decades, the dedicated attorneys and staff of McCalla Raymer Leibert Pierce, LLC's Litigation and Trial Practice Group have served as advocates, facilitators, and counselors to our clients, responding to evolving needs by providing high-quality, innovative, and efficient legal services in a manner that reflects our commitment to integrity, professionalism and excellence.

The Litigation and Trial Practice Group represents loan servicers, lenders, originators, and investors in all types of lending-related litigation. We are skilled at handling all litigation arising within the context of mortgage servicing and defaults.

A sampling of the Litigation and Trial Practice (“LTP”) Group’s areas of practice includes:

 

Mortgage Foreclosure Litigation:

As mortgage foreclosures continue to make headlines across the country, more and more defense firms are making their presence known, raising new and unique defenses and seeking to delay the foreclosure process. The LTP Group regularly represents lenders in these types of matters, addressing defenses related to standing, statute of limitations, conditions precedent, violations of FDCPA, fraud and misrepresentation, negotiable instruments, RESPA, TILA, HAMP, and many others. Our attorneys and staff remain up-to-date on the most recent case law regarding these issues so that proper arguments can be successfully brought to the Court to overcome the defenses and obtain judgments of foreclosure.

The LTP Group has also become effective in obtaining judgments through civil non-jury trials, which, in many cases, can expedite the foreclosure process and obtain judgment on behalf of our clients in shorter time frame, thus saving the client time and money. Likewise, the LTP Group can handle confirmation of foreclosure where required by statute in order to preserve a lender’s deficiency rights.

 

Appellate Practice:

The LTP Group has seasoned attorneys who are familiar with and skilled in appellate practice, having successfully won appeals in both State and Federal District Courts of Appeal, the Eleventh Circuit, as well as the Florida Supreme Court (in which the firm assisted in the preparation and filing of an Amicus Brief dealing with specific foreclosure issues) and Georgia Supreme Court. Our appellate attorneys have experience with oral argument, as well, having presented arguments before all of the Districts in the State of Florida and appellate courts in the State of Georgia.

 

Defensive Litigation:

Another area that has been on the rise is the effort by third party purchasers and homeowner’s associations to foreclose out a lender’s interest in the property by foreclosure, quiet title, or declaratory action. The LTP Group routinely handles a wide array of civil litigation filed against the lender and/or servicer, including but not limited to wrongful foreclosure and/or eviction actions, breach of contract, promissory estoppel, unjust enrichment, and fraud and misrepresentation claims, among others.

 

Homeowner’s and Condominium Association Disputes:

In Florida, a first mortgagee’s liability for the payment of homeowners’ and condominium associations’ assessments is limited by Florida Statutes. The same is true in the state of Georgia. Unfortunately, many Association attorneys attempt to circumvent the statute and seek full payment of not only all past due assessments, but also late fees, interest, and attorney’s fees to which they are not entitled under the statute. Our LTP Group has a depth of experience with these association tactics, and our attorneys are well-versed in the statutes and case law that protect first mortgagees who take title to a foreclosed property either by foreclosure or by deed-in-lieu of foreclosure. The LTP Group will do what is necessary to obtain a proper estoppel for amounts due, including the formal demand up through, and including, the filing of a declaratory action, when necessary.

 

Title Curative Litigation:

The LTP Group assists in the resolution of any and all title-related issues affecting real property. This could entail the representation of lenders or mortgagees in reformation of mortgages and/or deeds, the quieting of title with respect to invalid or improper recordings, declaratory actions seeking judicial determinations in an effort to cure defective documents, resolve priority disputes, and revive liens that have been erroneously cancelled. The LTP Group is capable of handling a wide range of complex or simple actions to correct and clear title defects of all kinds, clearing title to marketable standards and smoothing the way for later conveyance of the property.

 

Municipal and County Disputes, including Code Enforcement Actions:

When liens or fines are placed against a property due to the violation of municipal or county ordinances, our LTP Group is experienced in the negotiation and mitigation, and in some cases, the complete elimination, of such liens and/or fines. Our LTP Group works closely with our clients to ensure that any violations are cured promptly, so as to bolster our negotiating leverage with the municipal entity.

 

Federal Forfeiture and Federal and State Eminent Domain Litigation:

The LTP Group represents title owners and lien holders in the defense of federal and/or state forfeiture matters upon the taking of personal or real property due to eminent domain or illegal takings. Our attorneys work diligently to obtain for our clients the value of the taking, in order to make our clients whole. This may include repossession of personal property to preserve our client’s interest in the action.

 

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