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Stephen K. Pudner

Associate

Stephen K. Pudner is a real estate and construction attorney based in the Birmingham, Alabama office and has a dual transactional and litigation focus.

Featured Experience

Represented a national real estate developer and managed all aspects of 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's unique combination of skills and experience allows him to proactively help his clients avoid risks and reach creative solutions to their real estate and construction needs.

Representative Matters
  • Represented a national real estate developer and managed all aspects of 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 income tax lien battle with the state of Alabama, after the client was repeatedly advised by another law firm that victory was impossible and that the loan should be charged off as uncollectible. The State insisted its interest in the property was senior to our client's mortgage, demanding our client pay it $250,000 before it would extinguish its interest in the property. After the case was assigned to Baker Donelson, suit was filed against the state which quickly agreed to enter into a consent judgment conclusively establishing that our client's interest in the property under the mortgage was senior to, and unaffected by, any interest claimed by the state through the tax liens or sheriff's deed, 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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