Michael Starks

Senior Attorney at Liebler Gonzalez & Portuondo
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Contact Information
us****@****om
(386) 825-5501
Location
Greater Orlando

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Experience

    • United States
    • Law Practice
    • 1 - 100 Employee
    • Senior Attorney
      • Aug 2019 - Present

      I focus my practice on representing mortgage loan servicers and investors in consumer finance litigation and complex commercial matters in both federal and state courts. Much of this litigation is related to contested foreclosures, as well as claims arising out of federal consumer protection statutes, such as the Real Estate Settlement Procedures Act, Truth in Lending Act, Fair Debt Collections Practices Act, Florida Consumer Collections Practices Act, Fair Credit Reporting Act, and Telephone Consumer Protection Act. I have been representing clients for twenty-three years in a wide array of legal areas, including consumer finance, commercial litigation, products liability, construction, spoliation of evidence, and section 1983. Show less

    • United States
    • Law Practice
    • 700 & Above Employee
    • Of Counsel
      • Mar 2016 - Aug 2019

      I focus my practice on representing mortgage loan servicers and investors in consumer finance litigation and complex commercial matters in both federal and state courts. Much of this litigation is related to claims arising out of federal consumer protection statutes, such as the Real Estate Settlement Procedures Act, Truth in Lending Act, Fair Debt Collections Practices Act, Florida Consumer Collections Practices Act, Fair Credit Reporting Act, and Telephone Consumer Protection Act. I have been representing clients for more than twenty years in a wide array of legal areas, including consumer finance, commercial litigation, products liability, construction, spoliation of evidence, and section 1983. Representative cases include: - HSBC Bank USA, Nat'l Ass'n for Registered Holders of Nomura Home Equity Home Loan, Inc. v. Estate of Petercen, 227 So. 3d 640, 644 (Fla. 4th DCA 2017) (reversing trial court’s dismissal of foreclosure on statute of limitations and res judicata grounds) - Deutsche Bank Nat'l Tr. Co. v. Sheward, 245 So. 3d 890 (Fla. 2d DCA 2018)(reversing trial court’s dismissal of foreclosure on hearsay grounds regarding boarding process involving prior servicer's business records) - Evans v. Ocwen Loan Servicing, LLC, No. 517CV409OCPGBPRL, 2018 WL 1116549 (M.D. Fla. Feb. 28, 2018) (successfully striking jury demand based on mortgage jury waiver) Show less

    • Law Practice
    • 700 & Above Employee
    • Of Counsel
      • May 2012 - Mar 2016

      Practiced in Baker Donelson's Consumer Finance Practice Group representing mortgage loan servicers and investors, and conducted all phases of discovery in State and federal court, as well as preparation of pleadings, memoranda, motion practice, and trial. Representative cases include: - Bartram v. U.S. Bank Nat. Ass'n, 211 So. 3d 1009, 1013 (Fla. 2016), approving, U.S. Bank Nat. Ass'n v. Bartram, 140 So. 3d 1007 (Fla. 5th DCA 2014) (holding that statute of limitations for mortgage foreclosures did not bar future mortgage foreclosures) - Dorta v. Citibank Nat'l Ass'n for Lehman Bros.-BNC Mortg. Loan Tr. 2007-3, 707 F. App'x 660 (11th Cir. 2017) affirming sub nom., Dorta v. Wilmington Tr. Nat. Ass'n, No. 5:13-CV-185-OC-10PRL, 2014 WL 1152917 (M.D. Fla. Mar. 24, 2014) (affirming dismissal of quiet title action on statute of limitations grounds) - Bank of Am., Nat. Ass'n v. Enclave at Richmond Place Condo. Ass'n, 173 So. 3d 1095(Fla. 2d DCA 2015)(bank prevailed against association on entitlement to safe harbor estoppel on basis of waiver) - Lane v. Guar. Bank, 552 F. App'x 934 (11th Cir. 2014) (affirming dismissal of quiet title action seeking to remove mortgage as cloud on title), affirming, No. 6:13-CV-85-ORL-18DAB, 2013 WL 1296751 (M.D. Fla. Apr. 1, 2013) and No. 6:13-CV-85-ORL-18DAB, 2013 WL 2350481 (M.D. Fla. May 28, 2013)(affirming grant of summary judgment against borrowers’ quiet title action based on statute of limitations) - Lane v. Guar. Bank, No. 6:13-CV-259-36TBS, 2014 WL 1088307, at *5 (M.D. Fla. Mar. 20, 2014)(granting summary judgment against borrowers’ quiet title action) Show less

    • United States
    • Law Practice
    • 700 & Above Employee
    • Of Counsel
      • Mar 2009 - May 2012

      Practiced in Akerman's Consumer Finance Practice Group representing mortgage loan originators, servicers and investors, and conducted all phases of discovery in State and federal court, as well as preparation of pleadings, motion practice, and trial preparation. Representative cases include: - Raines v. GMAC Mortg. Co., No. 309-CV-00477J-25HTS, 2009 WL 4715969 (M.D. Fla. Dec. 10, 2009)(obtaining dismissal of wrongful foreclosure action) - Collins v. Countrywide Home Loans, Inc., 680 F. Supp. 2d 1287, 1297 (M.D. Fla. 2010) (successfully striking jury demand based on mortgage jury waiver) - Caballero v. Aurora Loan Servs. LLC, No. 6:09-CV-00660MSSGJK, 2009 WL 2488133 (M.D. Fla. Aug. 14, 2009)(obtaining dismissal of mortgage rescission case) - Bank of New York v. Brunsman, No. 6:09-CV-1296ORL35DAB, 2009 WL 5511224 (M.D. Fla. Dec. 30, 2009)(successfully defeating remand motion) - Accredited Home Lenders, Inc. v. Santos, No. 6:10-CV-1562-ORL-KRS, 2010 WL 4612352 (M.D. Fla. Nov. 16, 2010)(obtaining remand of improperly removed foreclosure) Show less

    • United States
    • Law Practice
    • 700 & Above Employee
    • Senior Counsel
      • Jan 2005 - Feb 2009

      Practiced primarily in the area of civil litigation, focusing on commercial matters, and conducted all phases of discovery in State and federal court, as well as preparation of pleadings, motion practice, and trial preparation. Representative cases include:- Employers Ins. Co. of Wausau v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa., No. 807CV1099T30EAJ, 2008 WL 1777807 (M.D. Fla. Apr. 18, 2008), vacated pursuant to settlement (Oct. 27, 2008) (prevailed on coverage issue for client)- United States v. Aggarwal, No. 6:03CV117ORL-31KRS, 2005 WL 6011259 (M.D. Fla. Feb. 10, 2005)(defending against qui tam action) Show less

    • Associate
      • Jul 2000 - Dec 2004

      Conducted all phases of discovery in arbitration, and State and federal courts, as well as preparation of pleadings, motion practice, and trial preparation. Representative cases include:- United States v. Aggarwal, No. 6:03CV117ORL31KRS, 2004 WL 5509107 (M.D. Fla. Nov. 8, 2004) (defending against qui tam action)

    • Associate
      • Apr 1997 - Jul 2000

      Conducted all phases of discovery, motion practice, and trial preparation, in federal and State court. Representative cases include: - Frey v. William, No. 6:99-CV-1422-ORL-19C, 2000 WL 35527254 (M.D. Fla. Aug. 21, 2000), aff'd sub nom. Frey v. Brevard Cty. Sheriff's Office, 273 F.3d 1114 (11th Cir. 2001) - Hager v. Miller, No. 6:97CIV250 ORL19C, 2000 WL 35526607 (M.D. Fla. Mar. 28, 2000), aff'd, 265 F.3d 1063 (11th Cir. 2001), for text, see No. 00-12814, 2001 WL 35968107 (11th Cir. July 10, 2001) - Richardson v. Maughan, No. 97-996-CIV-ORL-19C, 1998 WL 35177850 (M.D. Fla. Feb. 10, 1998) - Cain v. Brubaker, No. 98-144 CIV ORL18C, 1999 WL 34803713 (M.D. Fla. Sept. 1, 1999) - Brown v. Leesburg Police Dep't, No. 5:99-CV-83-OC-10, 2000 WL 35527255 (M.D. Fla. Sept. 14, 2000) - City of Altamonte Springs v. Kaplan, 701 So. 2d 659 (Fla. 5th DCA 1997) Show less

Education

  • Florida State University College of Law
    J.D., Law
    1993 - 1996
  • University of Florida
    B.S., Advertising
    1986 - 1990

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