Lender Liability

Burr & Forman's commitment to the changing needs of lenders and creditors is evidenced by its substantial Creditors' Rights and Bankruptcy practice.

Burr has over 50 attorneys concentrating in this area of law, making the firm one of the largest bankruptcy practice groups in the region. This allows individual attorneys the ability to focus on narrow specialties. The group was recently ranked by Law360 as the 36th largest Creditors' Rights and Bankruptcy team in the United States. Based on this ranking, Burr's team is the largest in the Southeast. In 2012, 10 of our creditors' rights and bankruptcy attorneys were listed as a leading practitioner in Bankruptcy/Restructuring by the highly regarded Chambers USA. 

Lender liability law recognizes that, in certain circumstances, financial institutions can be liable if they do not treat their borrowers fairly. This can occur not only in relation to mortgages and foreclosure actions, but also with respect to fraudulent or negligent lending practices, or when a financial institution acts in a manner that deepens the insolvency of its borrower to the detriment of other creditors. When this occurs, lenders may be found liable under a variety of theories including breach of contract, bad faith, breach of fiduciary duties, misrepresentation, and possibly fraud.

Our Attorneys

David Elliott
Partner ~ Birmingham, Alabama|
(205) 458-5324
(205) 244-5631
Gerald Gillespy
Partner ~ Birmingham, Alabama|
(205) 458-5348
(205) 244-5644
Graham Stieglitz
Partner ~ Atlanta, Georgia|
(404) 685-4316
(404) 214-7923

Experience Matters

Brief sentence defining representative matters.

  • Mortgage Dispute

    Pro se case in which borrower has asserted claims for breach of contract, violations of the Fair Credit Reporting Act, HAMP, conversion, etc.
  • Construction Defense

    Retained by contractors to defend against construction defect claims and other construction claims.


  • “I have found them very responsive to our requests and requirements, and very knowledgeable of the relevant areas. They are conscious of cost containment and getting the job done. They don’t just churn paper and create billable hours. Everything they do is directed toward achieving our aims. They want us as the client to understand where things are and what our options are, and make sure we understand the consequences of all the options that are available to us. They let us pick door number one or door number two in the knowledge of what we’re leaving behind. They are able to resolve issues using common sense and reasonableness. We speak very highly of them.”

    -Chambers 2012

  • “They are outstanding and get high marks for their commercial awareness, staffing, training and pro-activity."

    -Chambers 2012

  • “They handle a diverse set of issues – well staffed, well prepared and respected…"

    -Chambers 2012

  • “Definitely have depth and expertise...They have a successful model and one that I’ve tried to imitate."

    -Chambers 2012