Graham W. Gerhardt

Listed in The Best Lawyers in America® Commercial Litigation, 2020-2026 Listed in Alabama Super Lawyers "Rising Star," Banking, 2012-2013 General Litigation, 2014 Meachum v. Bank of New York Mellon, 636 Fed. Appx. 210 (5th Cir. 2016) Obtained summary judgment from the trial court, despite a magistrate judge's previous recommendation that the borrower's claims should proceed to trial. The 5th Circuit affirmed on appeal, determining that the lender's acceleration of the loan was properly abandoned prior to the expiration of the statute of limitations to foreclose. Quinn v. Saxon Mortgage, 625 Fed. Appx. 937 (11th Cir. 2015) Defeated all of the borrower's FDCPA and state law claims on summary judgment, and also defeated the borrower's last-minute attempt to amend the complaint. The trial court's rulings were affirmed on appeal to the 11th Circuit. Signature Group Holdings v. Embry, Case No. SD35125 (Missouri Court of Appeals Southern District, 2012) Prevailed on all of the borrower's counterclaims in a three-day jury trial and obtained a jury award of more than $240,000 in the client's favor. The verdict and damages award were affirmed on appeal. Farkas v. GMAC Mortgage, 737 F.3d 338 (5th Cir. 2013) Defeated the borrower's motion to remand and later obtained summary judgment, allowing the client to proceed with foreclosure on the borrower's investment properties. The ruling was affirmed on appeal, with the 5th Circuit issuing a favorable holding that the amount in controversy, for purposes of 28 U.S.C. § 1332, is determined by the value of the real property at issue. Bowling v. Ocwen Loan Servicing, 18 F.Supp.3d 1288 (N.D. Ala. 2014) Removed action to federal court and defeated the borrower's motion to remand, despite the fact that the removing parties were not the original defendants sued in state court. Later obtained summary judgment on all of the borrower's federal causes of action. Smith v. Saxon Mortgage, 446 Fed. Appx. 239 (11th Cir. 2011) Obtained summary judgment on the borrower's claims challenging the assignment of the mortgage and the client's compliance with state law notice provisions. The ruling was affirmed on appeal to the 11th Circuit. Van Duzer v. U.S. Bank, 582 Fed. Appx. 279 (5th Cir. 2014) Prevailed on an early Rule 12(c) motion for judgment on the pleadings, which dismissed all of the borrower's claims, including the RICO claim and the claim for infliction of emotional distress. The 5th Circuit affirmed on appeal. Clawson v. GMAC Mortgage, 2013 WL 1948128 (S.D. Tex. 2013) Obtained summary judgment in the client's favor and defeated the plaintiff's arguments that any foreclosure on the beachfront property was barred by res judicata and untimely under Texas's four-year statute of limitations to foreclose. Toranzo v. Deutsche Bank National Trust Company, 2013 WL 12120399 (W.D. Tex. 2013) Prevailed on a Rule 12(b)(6) motion to dismiss the borrower's claims, with the court rejecting the borrower's various state law causes of action and allegations of U.C.C. violations. Khyber Holdings v. U.S. Bank, 2015 WL 1411941 (N.D. Tex. 2015) Prevailed on summary judgment where the HOA claimed that its lien, which arose from unpaid HOA dues, was superior to the client's mortgage lien. Hanna v. RFC, 2012 WL 1969948 (N.D. Tex. 2012) Obtained summary judgment on all of the borrower's claims, including claims for injunctive relief and claims brought pursuant to the Texas Deceptive Trade Practices Act