Stephen K. Pudner

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Associate
1400 Wells Fargo Tower
420 20th Street North
Birmingham, Alabama 35203
T: 205.250.8318
F: 205.488.3718

Stephen K. Pudner is a business litigator focused on mortgage litigation, bankruptcy and creditors' rights litigation, and construction law. Based in Baker Donelson's Birmingham office, Stephen has extensive experience litigating complex, multi-party commercial and contractual disputes, real property litigation, large-scale construction cases and tort claims. Stephen represents mortgage lenders and servicers in property disputes involving allegations of wrongful foreclosure and violations of federal statutes and regulations, as well as bankruptcy matters, and advises these clients on issues such as redeeming mortgaged property that has been sold for unpaid property taxes and reforming mortgages that contain incorrect legal descriptions. Stephen also drafts construction contracts on behalf of owners, contractors and subcontractors, and is the co-founder and co-author of Baker Donelson's construction blog, Baker Bricks.

Stephen has studied in Spain and Switzerland, taught and lived in China, Nepal and Nicaragua, travelled throughout Asia, South America, Morocco and Turkey, and is highly proficient in written and spoken Spanish. He also has been confirmed as a LEED AP by the U.S. Green Building Council. 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.

Representative Matters

  • 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.
  • Successfully handled appeal to Alabama Supreme Court, resulting in precedent-setting ruling that overturned prior rulings from Alabama Court of Civil Appeals and clarified the timing requirements regarding assignment of mortgages prior to foreclosure under Alabama law.
  • Successfully defended mortgage lender in purported nationwide bankruptcy class action lawsuit and obtained ruling from federal appellate court creating new precedent limiting creditors' duties to record and disclose bankruptcy related fees.
  • Secured dismissal of borrowers' claims seeking punitive mental anguish damages against mortgage servicing client based on allegations of negligent servicing, wrongful foreclosure and violations of the Fair Debt Collections Practices Act (FDCPA).
  • Secured dismissal of borrower's claims against mortgage servicing client alleging violations of various HUD regulations, the FDCPA, and fraud relating to foreclosure of residential property, and successfully argued that borrower was barred from challenging default and amount owed because of the res judicata effect of borrower's prior bankruptcy confirmation order.
  • Successfully obtained dismissal of claims against government sponsored entity for wrongful foreclosure and violations of FDCPA, after successfully removing case from state court to federal court, and obtained monetary judgment against borrower.
  • Advised financial institution clients on redemption of mortgaged real property sold for unpaid property taxes and reformation of mortgages where legal description incorrectly included parcels owned by third parties.

Professional Honors & Activities

  • Confirmed by the U.S. Green Building Council as a Leadership in Energy and Environmental Design Accredited Professional (LEED AP)
  • Member – Birmingham Bar Association
  • Member – American Bar Association Construction Forum
  • Member – 2013 Birmingham Multiple Sclerosis Leadership Class Advisory Council

Publications & Speaking Engagements

Admissions

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

Education

  • University of Alabama School of Law, J.D., 2008, cum laude
  • Senior Editor – Alabama Law Review
  • 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