Keith Andress, office managing shareholder in the Birmingham office, concentrates his practice in civil litigation, primarily in the areas of business, construction and real estate. He has extensive experience representing financial institutions, title insurers and others involved in loan security and improvements to real property. He has devoted a significant amount of his practice to defending mortgage lenders and servicers against lender liability charges, allegations of mortgage fraud, and real estate title clearance and litigation.
Another major part of Mr. Andress' practice includes litigating cases involving breaches of contracts and business torts. In addition to litigation, Mr. Andress serves as a counselor to his clients for issues involving potential litigation and risk reduction. Prior to attending law school, Mr. Andress practiced as a C.P.A. at Ernst & Young, and he passed all four parts of the C.P.A. exam on his first sitting.
Lakeesha Giles v. Wells Fargo — This class action case involved a matter of first impression of whether a loan servicer who foreclosed on behalf of a GSE was required to provide a notice of new creditor form by TILA section 1641g). We successfully defended the case on the safe harbor administrative convenience provision. The class action case was dismissed on a motion for summary judgment, and the trial court was affirmed by the Eleventh Circuit.
Annie Adams v. Homeward Residential, Inc. — The consumer finance class action case involved allegations of violations regarding consumers' written verification rights under the FDCPA. We successfully defended the case on the grounds that the subject communications were not the initial communications, and thus there were no FDCPA violations. The federal district court granted our motion for summary judgment.
Shirley Webb v. Ocwen et al — Case involved claims against a mortgage servicer who did not own the subject loan. We successfully obtained a summary judgment for the servicer on the grounds that the borrower was not in privity of contract with the servicer, and there were no tort claims because no alleged damages involved personal injury or property damage.