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 on behalf of the financial services industry.

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

  • State and federal mortgage foreclosure litigation
  • Appellate practice
  • Defensive litigation
  • Suits on notes
  • Judicial foreclosures
  • Tax sales, redemptions and surplus funds claims
  • Servicemember Civil Relief Act (SCRA) foreclosure and/or eviction matters
  • Telephone Consumer Protection Act (TCPA)
  • Collection actions
  • Homeowner’s and Condominium association disputes
  • Title Curative litigation
  • Declaratory actions to secure vacant properties
  • Municipal and county disputes, including code enforcement actions
  • Federal forfeiture and federal and state eminent domain litigation

 

Mortgage Foreclosure Litigation:

As a Nationwide leader in the Mortgage Foreclosure industry, the Litigation and Trial Practice Group regularly represents the financial services industry with respect to Mortgage Foreclosure Litigation.  In that capacity, the LTP Group serves as Counsel on matters addressing defenses related to standing, statute of limitations, conditions precedent, violations of FDCPA, fraud and misrepresentation, negotiable instruments, RESPA, TILA, HAMP, Appeals stemming from Foreclosures and many more. Our attorneys remain up-to-date on the most recent case law and regularly attend industry seminars and speak on topics involving Mortgage Foreclosure.  With a presence in ten states, the LTP Group is well suited to represent the financial services industry in any Mortgage Foreclosure case.

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:

The Litigation and Trial Practice (LTP) Group assists the Firm’s clients in a wide array of civil litigation filed against lenders, servicers, and government-sponsored entities (GSEs) at the trial and appellate levels in both state and federal courts.  The LTP Group routinely defends the Firm’s clients against a wide variety of claims arising under both state and federal law, including, but not limited to, claims for wrongful foreclosure and/or eviction, breach of contract, quasi-contract claims, fraud and misrepresentation claims, and claims arising under the Fair Debt Collection Practices Act (FDCPA), the Truth in Lending Act (TILA), and the Real Estate Settlement Procedures Act (RESPA), among others.  Additionally, the LTP Group often assists the Firm’s clients in defending against actions filed by third party purchasers and homeowner’s associations which seek to extinguish or otherwise impair the client’s interest in real property through judicial action.

 

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.  In addition to liens, our LTP Group handles defense of suits seeking demolition and de-conversion of properties in order to avoid loss on assets.

 

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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