S. David Smith

Partner
Legal Assistant
Angela R. Davis
P: 713.576.0326 adavis@bradley.com
Representative Experience
  • General Experience
    • Landlord-tenant action
      Represented national bank in landlord-tenant action arising from the landlord’s failure to keep the property in good condition and obtained judgment on behalf of client.

      Unrecorded interest in property
      Defended lender at trial against a plaintiff who claimed to have an unrecorded interest in a property in which the client held the deed of trust. The court awarded a take nothing judgment against the plaintiff.

      Obtained deficiency judgment
      After a lengthy trial, obtained a significant deficiency judgment for claims arising from the sale of commercial aircraft. The debtor had claimed the collateral was not disposed of in a commercially reasonably manner and, in a case of first impression, the court held for the lender.

      Residential mortgage claims
      Regional counsel for lenders and servicers for claims relating to residential mortgages, including supervising judicial foreclosure trials and/or defending against FCRA, TCPA, UDAP, Reg X and related claims.

      Wrongful repossession claims
      Defended national bank at trial against claims arising from an allegedly wrongful repossession in which the result was the same as that offered by defendant prior to trial.

      Receiver in multimillion-dollar judgment
      Served as receiver to collect a multimillion-dollar judgment in which the judgment creditors obtained a complete recovery of their judgment.

      Representation of national bank in lender liability action
      Successfully defended national bank in multimillion-dollar lender liability action in which the borrower contended that the funding had been wrongfully withheld. Obtained complete summary judgment as to all claims, including the borrower’s fraud allegations.

      Representation of client in vendor contract violations
      Obtained temporary and permanent injunction on behalf of financial services company to shut down vendors who had violated their contractual obligations to the client.

      Successfully protected bank’s lease
      Successfully prevented a landlord from evicting national bank client from leasehold premises by obtaining temporary injunction and final judgment.

      Auto finance
      Successfully defended lender in jury trial arising from allegation that automobile was purportedly wrongfully repossessed even though payments were current.

      Shareholder litigation
      Resolved claims among shareholders in closely held businesses, including injunctive relief, business valuation, sale of interests and dissolution.