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 nearly 50 attorneys concentrating in this area of law, making the firm one of the largest bankruptcy practice groups in the Southeast. This allows individual attorneys the ability to focus on narrow specialties. Our team of attorneys are continuously listed as leading practitioners in Bankruptcy/Restructuring by the highly regarded Chambers USA in addition to the firm being ranked in Alabama, Florida and Georgia.

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
Ashby Fox
Partner ~ Atlanta, Georgia|
(404) 685-4294
(404) 214-7927
Gerald Gillespy
Partner ~ Birmingham, Alabama|
(205) 458-5348
(205) 244-5644
Gregory Lunny
Partner ~ Jacksonville, Florida|
(904) 232-7219
(904) 212-1748
Samantha Orender
Associate ~ Jacksonville, Florida|
(904) 232-7211
(904) 212-1562
Adrian Rust
Partner ~ Jacksonville, Florida|
(904) 232-7202
(904) 212-0247
Graham Stieglitz
Partner ~ Atlanta, Georgia|
(404) 685-4316
(404) 214-7923
J. Ellsworth Summers, Jr.
Partner ~ Jacksonville, Florida|
(904) 232-7203
(904) 212-0315

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.


October 22, 2014
Burr & Forman to Sponsor and Attorneys to Attend and Speak at the Trigild Fall Lender Conference


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

    -Chambers 2012

  • “They are all excellent attorneys; exceptionally bright, decisive and creative."

    -Chambers 2012

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

    -Chambers 2012

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

    -Chambers 2012