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Eve A. Cann

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Eve Cann is an experienced litigator, who advises and defends businesses, including banks, mortgage lenders, servicers, in a broad range of business and commercial disputes in state and federal courts.

Featured Video

The State of the TCPA Post-ACA May 23, 2018

Featured Experience

Successfully obtained summary judgment in favor of a mortgage servicer on an issue of first impression regarding requirements of the CFPB and duty to review a loan application in conjunction with a set foreclosure sale.

Successfully obtained dismissal with prejudice of a claim against a mortgage servicer for violation of RESPA for failure to provide a substantive response, as required by the statute, to plaintiff's Request for Information regarding her loan account.

Successfully secured the vacating of an order of default against a financial institution, which was premised upon a fraudulent dismissal notice, which improperly attempted to declare the note and mortgage void and unenforceable.

Professional Biography

Overview

Eve is experienced in a broad range of business and commercial litigation matters, and focuses her practice on the representation of financial institutions in both affirmative and defensive capacities. She also has extensive experience representing clients in litigation involving insurance coverage, partnership disputes, maritime and admiralty issues, including vessel arrests, eminent domain issues, breach of contract, and tort-based claims. She regularly represents clients against claims of violations of federal and state consumer protection statutes, for violations of the Telephone Consumer Protection Act (TCPA), for violations of the Fair Debt Collection Practices Act (FDCPA) and its Florida-law equivalent, and for violations of the Real Estate Settlement Procedures Act (RESPA). She also regularly handles responses to complaints to the Consumer Finance Protection Bureau (CFPB) for clients in the mortgage industry. Eve is in the Fort Lauderdale office.

Representative Matters
  • Won full defense verdict following trial for nationwide mortgage servicer and lender in heavily contested TCPA and Florida consumer protection suit, where over 500 calls were at issue and pre-suit demand neared $1 million.

  • Successfully obtained summary judgment in favor of a mortgage servicer on an issue of first impression regarding requirements of the CFPB and duty to review a loan application in conjunction with a set foreclosure sale.

  • Successfully obtained dismissal with prejudice of a claim against a mortgage servicer for violation of RESPA for failure to provide a substantive response, as required by the statute, to plaintiff's Request for Information regarding her loan account.

  • Successfully secured the vacating of an order of default against a financial institution, which was premised upon a fraudulent dismissal notice, which improperly attempted to declare the note and mortgage void and unenforceable.

  • Prevailed in several quiet title suits which improperly sought to have mortgages declared void and unenforceable through the inappropriate application of Florida's statute of limitations on mortgage foreclosures.

  • Successfully represented a mortgage company in a case before the Florida Supreme Court, which found that foreclosures in Florida are not barred by the statute of limitations where an earlier foreclosure on the same loan was involuntarily dismissed. Baker Donelson further obtained a favorable ruling in the U.S. Court of Appeals for the Fifth Circuit in the same matter. This decision ended a trend by Florida appellate courts of finding that mortgage servicers lacked standing to foreclose and created the blueprint for the mortgage industry in Florida to prove standing in future actions.
Professional Honors & Activities
  • Named a Rising Star by Florida Super Lawyers (2014 – 2017)
  • Named a "Top Up & Comer" by Florida Trend's Legal Elite (2016)
  • Member – American Bar Association
  • Member – Federal Bar Association
  • Member – Dade County Bar Association
  • Member – Broward County Bar Association
Publications
Webinars
Videos

Education

  • University of Miami School of Law, J.D., 2007
  • University of Missouri-Columbia, B.A. in Psychology, 2003, cum laude

Admissions

  • Florida, 2007
  • U.S. District Court for the Northern, Southern and Middle Districts of Florida
  • 11th Circuit Court of Appeals

Featured Media

SCOTUS Punts on TCPA Guidance
Publication / June 26, 2019
The State of the TCPA Post-ACA
Webinar / May 23, 2018

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