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D. Keith Andress

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Keith Andress is a litigator with extensive experience representing financial institutions, title insurers and others involved in loan security and improvements to real property.

Featured Experience

Led and won trial on behalf of major U.S. consumer lender against allegations of fraud involving its servicing of a loan.

Led and won a TCPA trial on behalf of national mortgage servicer in 2017, in which plaintiff alleged to have been called by an auto dialer 2,000 times.

Obtained summary judgment for a national bank in a data breach case in the Northern District of Alabama. Plaintiff's identity was stolen and alleged it was because the bank caused a breach by not encrypting a loan application sent via a PDF Attachment to an email. We defended the case on issue of proximate cause; the court agreed and granted summary judgment.

Professional Biography

Overview

Mr. Andress is the former managing shareholder of the Birmingham office and focuses his practice in civil litigation, primarily in the areas of business, construction and real estate. He has devoted a significant amount of his practice to defending mortgage lenders and servicers against lender liability charges, allegations of mortgage fraud, and real estate title clearance and litigation.

Another major part of Mr. Andress' practice includes litigating cases involving breaches of contracts and business torts. He also has experience in representing charter schools in formation, authorization and litigation under the new Alabama charter school act, The School Choice and Student Opportunity Act. In addition to litigation, Mr. Andress serves as a counselor to his clients for issues involving potential litigation and risk reduction. Before attending law school, Mr. Andress practiced as a C.P.A. at Ernst & Young, and he passed all four parts of the C.P.A. exam on his first sitting. Mr. Andress is also a member of the Firm's board of directors.

Representative Matters
  • Led and won trial on behalf of major U.S. consumer lender against allegations of fraud involving its servicing of a loan.

  • Led and won a TCPA trial on behalf of national mortgage servicer in 2017, in which plaintiff alleged to have been called by an auto dialer 2,000 times.

  • Obtained summary judgment for a national bank in a data breach case in the Northern District of Alabama. Plaintiff's identity was stolen and alleged it was because the bank caused a breach by not encrypting a loan application sent via a PDF Attachment to an email. We defended the case on issue of proximate cause; the court agreed and granted summary judgment.

  • Obtained summary judgment dismissal of all claims for loan servicer against alleged violations of Truth in Lending Act section 1641(g) under "administrative convenience" exception, affirmed on appeal by the United States Court of Appeals for the Eleventh Circuit.

  • Obtained summary judgment dismissal of all claims for loan servicer on alleged "standing" issues and a challenge to the servicer's authority to exercise the power of sale as the holder of the debt obligation under the Uniform Commercial Code.

  • Won summary judgment dismissal of counterclaim against GSE where borrower asserted oral loan modification and wrongful foreclosure claims, affirmed by Alabama Court of Civil Appeals. The borrower's petition for rehearing was further denied.
  • Obtained summary judgment dismissal for lender against breach of contract claim arising from alleged violations of required pre-foreclosure notice. The decision was affirmed on appeal by the Alabama Court of Civil Appeals and writ of certiorari was denied by the Alabama Supreme Court.

  • Represented title insurer in loan dispute involving claims of fraud and mortgage reformation, resulting in a more than $500,000 verdict for client.

  • Won summary judgment for client in real property dispute involving competing claims of priority and improperly filed liens.
  • Obtained dismissal from federal district court and Eleventh Circuit Court of Appeals of a case alleging wrongful foreclosure and violations of Fair Credit Reporting Act, Truth in Lending Act and Fair Debt Collection Practice Act.

  • Secured a bench trial win for top-five national servicer against borrower allegations of fraud and Fair Debt Collection Practices Act claims stemming from the denial of a loan modification request and allegations that of an oral promise of a modification at a home preservation workshop several years prior. Following the bench trial, the court concluded that the servicer was the borrower's creditor as the owner of the loan, and was not covered by the FDCPA as a result. The court also concluded that there was no evidence that the borrower was promised a modification, and in fact, that there was evidence to the contrary.

Professional Honors & Activities
  • Listed in The Best Lawyers in America® since 2011 in Insurance Law, Construction Law and Product Liability Litigation - Defendants; in Professional Malpractice Law - Defendants (2018, 2019) 
  • Listed in Mid-South Super Lawyers, Civil Litigation Defense (2012 – 2017); Real Estate (2018)  
  • Certified Public Accountant*
  • Member – American, Alabama and Birmingham Bar Associations
  • Named by Birmingham magazine as one of "Birmingham's Top Attorneys" in Business Litigation, 2009; Civil Litigation (2012) 
  • Baker Donelson Pro Bono Lawyer of the Year (2007)
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Fellow – Trial Lawyer Honor Society, Litigation Counsel of America
Publications
Speaking Engagements

*Baker Donelson is not a CPA firm

Education

  • University of Alabama School of Law, J.D., 1994, cum laude
  • Auburn University, B.A., 1989

Admissions

  • Alabama, 1994
  • U.S. District Courts for the Northern, Middle and Southern Districts of Alabama
  • U.S. Court of Appeals for the Eleventh Circuit

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