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Stephen K. Pudner

Associate

Stephen K. Pudner is a real estate and construction attorney and has a dual transactional and litigation focus that allows him to proactively help his clients avoid risks and reach creative solutions to their real estate and construction needs.

Featured Experience

Represented a national real estate developer and managed all aspects of more than 50 acquisitions annually throughout the United States for development as commercial retail stores, including handling all due diligence, negotiating and drafting documents, resolving title and survey issues, and negotiating tax and infrastructure incentives

Represented owner-developer and contractor clients in complex construction litigation and negotiated and drafted dozens of multi-million dollar construction contracts on behalf of clients including NYSE-listed health care REIT and health care provider, Japanese and Irish owner-operators, regional senior living/multi-family developer and contractors.

Managed all aspects of 100+ real property lawsuits in Alabama state and federal court for two NYSE-listed financial institutions relating to consumer loan servicing and foreclosures, alleged violations of federal and state consumer protection statutes and regulations, survey and title disputes, and lien seniority and enforceability.

Professional Biography

Overview

Stephen has a unique combination of skills and experience as a real estate and construction attorney with a dual transactional and litigation focus.  This allows him to proactively help his clients avoid risks and reach creative solutions to their real estate and construction needs.

On the transactional side, Stephen represents real estate developers in the acquisition, sale, and leasing of commercial and multi-family real estate developments and represents owner-developers and contractors in negotiating and drafting complex construction contracts and navigating contractor licensing laws.  On the litigation side, Stephen has extensive experience protecting and enforcing the rights of owners, lenders, and contractors in state and federal lawsuits resulting from construction projects and real property disputes.

Representative Matters
  • Represented a national real estate developer and managed all aspects of more than 50 acquisitions annually throughout the United States for development as commercial retail stores, including handling all due diligence, negotiating and drafting documents, resolving title and survey issues, and negotiating tax and infrastructure incentives

  • Represented owner-developer and contractor clients in complex construction litigation and negotiated and drafted dozens of multi-million dollar construction contracts on behalf of clients including NYSE-listed health care REIT and health care provider, Japanese and Irish owner-operators, regional senior living/multi-family developer and contractors.

  • Managed all aspects of 100+ real property lawsuits in Alabama state and federal court for two NYSE-listed financial institutions relating to consumer loan servicing and foreclosures, alleged violations of federal and state consumer protection statutes and regulations, survey and title disputes, and lien seniority and enforceability.
  • Advised NYSE-listed telecommunications construction company to ensure continued enforceability of hundreds of construction contracts and leases and to mitigate related risks in light of corporate conversion of 15 subsidiaries operating throughout the U.S.
  • Successfully obtained federal court opinion early in litigation dismissing general contractor's $19 million mechanics' lien against client’s resort development.
  • Obtained precedent-setting opinion from Alabama Court of Civil Appeals establishing when and how a purchaser of real property at a delinquent property tax sale can challenge an owner’s redemption from the tax sale.

  • Successfully petitioned the Alabama Supreme Court to issue a writ of mandamus overturning the trial judge's order compelling the production of a post-accident investigation report.
  • Represented mortgage loan servicing client in dispute with the State of Alabama regarding the State's income tax lien and subsequent Sheriff's Deed affecting our mortgaged property. The case was assigned to Baker Donelson after the State demanded that our client pay it $250,000 to extinguish its claimed interest and prior counsel advised the client it could not win, and should instead charge-off its loan as uncollectable. We filed suit against the State, which quickly agreed to a consent judgment conclusively establishing that our client's interest was senior to, and unaffected by, any interest claimed by the State, and that a foreclosure by our client would extinguish any interest claimed by the State. The State agreed to accept zero dollars instead of the $250,000 that it previously demanded. 

    (2015)
Professional Honors & Activities
  • Confirmed by the U.S. Green Building Council as a Leadership in Energy and Environmental Design Accredited Professional (LEED AP)
  • Listed as a "Rising Star" by Alabama Super Lawyers in Business Litigation, 2014 – 2016
  • Member – 2013 Birmingham Multiple Sclerosis Leadership Class Advisory Council
Additional Background Information

Stephen has studied in Spain and Switzerland, taught and lived in China, Nepal and Nicaragua, traveled throughout Europe, Latin America, India, Israel, Mongolia, Morocco, and Turkey, and is highly proficient in written and spoken Spanish. During law school, Stephen clerked for the U.S. Department of Justice's Office of International Affairs, the Inter-American Development Bank, and the Attorney General of Virginia.

Speaking Engagements
  • Moderator – "The Beason-Hammon Alabama Taxpayer and Citizen Protection Act," Birmingham International Center's panel discussion of Alabama's new immigration law (July, 2011)
In the News

Awards

Education

  • University of Alabama School of Law, J.D., 2008, cum laude
    • Senior Editor – Alabama Law Review
    • Full academic scholarship recipient each year
  • Georgetown University Law Center, Visiting Law Student, Spring 2008
  • University of Fribourg, Switzerland, Summer 2006
  • University of Virginia, B.A., Economics, 2003
  • University of Valencia, Spain, Fall 2002

Admissions

  • Alabama, 2008
  • District of Columbia, 2011
  • Virginia, 2015
  • U.S. District Courts for the Northern, Middle and Southern Districts of Alabama
  • U.S. Court of Appeals, Fifth and Eleventh Circuits

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