H. Keith Thomerson

Mr. Thomerson also handles professional liability claims, specifically the defense of attorneys and law firms in legal malpractice matters in Florida. His experience includes handling a variety of claims, involving allegations such as:

• negligence in client communications;
• failure to diligently defend and/or advocate for client interests,
• collusion and/or fraud to the alleged detriment of client interests;
• improprieties in trust account activity and/or involving client funds; and
• failure to diligently pursue a case within the time prescribed by the statute of limitations (requiring litigation of the merits of the underlying claim as well as the allegations of negligence made against the attorney in the case).

Mr. Thomerson also defends complex claims of medical negligence and other matters of professional negligence, including the representation of real estate agents and brokers in professional liability matters, engineers, architects and surveyors, insurance brokers and agents.

Mr. Thomerson also represents mortgage lenders, financial institutions and mortgage servicers in contested foreclosures, first party causes of action, and in homeowner’s association-related litigation and claims.  He defends class action litigation and represents mortgage servicers, lenders and trustees in cases involving alleged predatory lending, mortgage fraud and in challenges to mortgage note holders’ rights to foreclose.  Representative cases he handles include the Real Estate Settlement Procedures Act (RESPA), the Fair Debt Collection Practices Act (FDCPA), the Truth in Lending Act (TILA), the Telephone Consumer Practices Act (TCPA) and various state consumer protection laws.

Mr. Thomerson has an AV rating from Martindale Hubbell, the highest peer rating that can be achieved for legal knowledge, communication skills and ethical standards

Publications

• A Focus on TILA/RESPA:  Benchmarking your Recent TRID Compliance and Implementation Efforts; Areas of Concern and Ambiguity Within the New Rule; Plus a Review of RESPA and TILA’s  Other Provisions and Recent Caselaw, “American Conference Institute Forum on Residential Mortgage Litigation & Regulatory Enforcement, September 2015.
• “The Current Wave of Lender-Placed Insurance Litigation and Enforcement: Government Action and  Investigation by CFPB and Other Federal Regulators, Private Lawsuits, Trends of Claims Surviving  Early States of Litigation, Classwide Settlement Features, Dealing with Problematic Captive Insurance Companies, and How to Walk the Line Between Business Realities and Litigation/Enforcement,”  American Conference Institute Forum on Residential Mortgage Litigation and Enforcement, April  2015.
• “Residential Mortgages; RESPA Qualified Written Request Claims, Emerging Mortgage Servicing Allegations Arising Under Reg X and Reg Z Amendments, TILA Rescission, New Loan Modification Litigation Risks Arising Out of CFPB’s Mortgage Servicing Rules, MERS and County Fee Litigation, Foreclosure Trends, Evolving Theories of Recovery for HAMP, and Claims Involving Lender Placed Insurance and Option ARMs,” American Conference Institute Forum on Consumer Finance Class  Actions and Litigation, January 2015.
• “Foreclosure Litigation Part II:  Overcoming Contested Foreclosures and Responding to Borrower    Counterclaims and Stall Tactics,” American Conference Institute’s 13th National Forum on Residential   Mortgage Litigation & Regulatory Enforcement, January 2014.
• “Fair Lending:  Managing and Defending Against Claims of Discriminatory Lending and Assessing the   Status of Disparate Impact in Lending Litigation and Enforcement, Including in the areas of Student Loans and Auto Financing,” American Conference Institute’s 17th National Conference on Consumer  Finance Class Actions & Litigation, January 2014.
• “Mortgage Fraud – Trends and Issues from the Trenches:  Defending Lenders and Mortgage Servicers from Allegations of Fraud and from Fraudulent   Borrowers.” In the Thomson Reuters publication entitled “Inside the Minds:  Mortgage and Finance Fraud Litigation Strategies,” 2014 ed.