Hall devotes the financial services portion of his practice to representing lenders, servicers and other financial institutions in pursuit of loan loss mitigation and recoupment including negotiating and litigating title defect issues, title insurance claims, mortgage insurance claims and claims for recovery from mortgage brokers and correspondents. Hall has recovered millions of dollars for his clients from insurance companies and former business partners. Of course, the “mortgage foreclosure crisis” and downturn in the economy have changed the way in which many of these companies respond to the demands for indemnity submitted by financial institutions, and Hall has experience reviewing the relevant contracts and law to negotiate firmly and effectively for the maximum possible recovery. He also maintains a commercial litigation practice and has been listed as one of the Best Lawyers in America® in the Commercial Litigation category since 2015.

As the lead member of the firm’s Title Insurance Group, Hall has handled hundreds of claims and has collected millions of dollars through both pre-litigation negotiations and in litigation. In New Jersey, Georgia, South Carolina and Florida, he has litigated the scope of closing protection letters for the benefit of lenders. Hall is also an active member of the American Bar Association’s Title Insurance Litigation Committee and has presented on issues from the lender’s perspective.

As part of his financial services litigation practice, Hall also defends mortgagees against wrongful foreclosure and related claims. He recently obtained summary judgment in favor of a lender against a multimillion-dollar counterclaim asserted by a borrower as part of fraud and wrongful foreclosure claims. Hall also regularly provides legal counsel to servicers and their REO departments regarding property preservation issues, lien disputes, HOA/COA assessment and lien disputes, insurance disputes and curative work.

Notable Matters
  • Regions v. Fidelity National Title Insurance Company, CV-2010-902193 (Jefferson County, Alabama): Represented the insured lender in pursuit of title coverage and extra-contractual damages, including bad faith and unfair claims settlement, against the title insurer. The complaint sought damages for 12 separate problem title claims and contained allegations that the title insurer had failed to provide due coverage despite the passage of significant periods of time. Resolved 11 of the 12 problem title claims through a combination of a confidential settlement payment and the completion of timely curative work where feasible. The original amount of the insured mortgage loans at issue and resolved totaled over $3.6 million.
  • Regions v. K.E.L. Title Insurance Group, Inc. et al., 3:12-cv-00118 (United States District Court for the Northern District of Florida): Hall was hired to negotiate a title claim that had been pending for over three years. Upon investigation, the title insurer had not properly elected to pursue a valid cure and Bradley filed a lawsuit seeking damage for breach of contract, bad faith and other tort claims. After defeating an early motion to dismiss filed by the title insurer who claimed that it should be allowed to continue to pursue the doomed title curative action, the parties mediated and settled the claim on favorable terms for Regions. Immediately following resolution, the title insurer was placed into Receivership based on similar problems experienced by lenders, but Hall’s client was able to recover prior to that taking place.
  • Trustmark National Bank v. Hometown Lenders, CV-10-S-2097-NE (United States District Court for the Northern District of Alabama) Represented lender in pursuit of repurchase damages from correspondent lender pursuant to Mortgage Broker Agreement. Obtained favorable settlement upon filing the complaint and initial discovery.
  • Regions v. Mortgage Guaranty Insurance Company, 11-cv-04287 (United States District Court for the Northern District of Alabama): Represented lender in pursuit of recovery pursuant to 14 separate mortgage insurance policies that were purportedly rescinded resulting in favorable settlement following mediation in Wisconsin.
  • Regions v. Vision Bank, CV-11-284 (United States District Court for the Southern District of Alabama) Represented lender in pursuit of recovery from correspondent lender pursuant to breach of Mortgage Broker Agreement resulting in favorable settlement.