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David B. Levin

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David Levin focuses his litigation practice in the areas of real estate, first- and third-party insurance, title insurance, commercial and business disputes, consumer and business finance, creditors' rights, commercial and residential foreclosures, managed health care, products liability, and ADA accessibility.

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Trends in Litigation: The Fair Credit Reporting Act May 29, 2019

Featured Experience

Defended a mortgage holder in a quiet title action involving allegations of fraud and wrongdoing relating to a Miami Beach home valued in excess of $1 million. Obtained judgment in the client's favor after a non-jury trial, which permitted the holder to foreclose its mortgage in a first lien position.

Recovered substantial sums owed to an institutional lender on numerous delinquent loan accounts. Recovery was obtained through settlement, post-judgment garnishment, or other execution.

Obtained a jury verdict awarding hundreds of thousands of dollars in legal fees and costs in favor of a national title insurance underwriter in dispute with its insured owner over termination and withdrawal of insurance coverage.

Professional Biography

Overview

David is a shareholder in Baker Donelson's Fort Lauderdale office and has developed substantial experience successfully representing a broad range of private and institutional clients in state and federal court, and has tried numerous cases throughout the state. He has developed particular experience in real estate litigation, defending consumer protection claims and prosecuting complex commercial and residential foreclosures. He also has deep experience representing insurance carriers and adjusters in all aspects of the claim and litigation process. David's insurance practice includes defense of liability carriers and their insureds, resolution of title insurance claims and providing coverage opinions in third-party claims.

David has also represented insurance underwriters and third-party administrators, insureds, medical providers, product manufacturers, motor carriers and other transportation-related companies, property and business owners, as well as private professionals in all phases of commercial and tort litigation.

Representative Matters
  • Commercial Real Estate

  • Obtained bench trial judgment in favor of private lender over commercial property located on Collins Avenue in Miami Beach.

  • Foreclosed several commercial properties for institutional lender against common borrower.

  • Negotiated release of Receiver's Lien over commercial property in foreclosure.

  • Recovered substantial sums owed to an institutional lender on numerous delinquent loan accounts. Recovery was obtained through settlement, post-judgment garnishment, or other execution.

  • Successfully recovered tax deed surplus funds that had been absconded with by a court-appointed Receiver.

  • Awarded the entire portion of condemnation proceeds, plus attorney's fees, for secured lender in an eminent domain case.

  • Salvaged a commercial real estate sale through aggressive negotiation and avoided costs to defend a multi-count complaint alleging fraud against a client.

  • Residential Real Estate

  • Defended a homeowner in a specific performance trial, defeating claims by the buyer that seller-client breached by failing to terminate a low-income housing deed restriction.

  • Defended a mortgage holder in a quiet title action involving allegations of fraud and wrongdoing relating to a Miami Beach home valued in excess of $1 million. Obtained judgment in the client's favor after a non-jury trial, which permitted the holder to foreclose its mortgage in a first lien position.

  • Awarded multiple summary judgments declaring lenders' superior lien priority over competing mortgage holder.
  • Reached a successful settlement following a week-long jury trial on behalf of the purchaser of a multi-million dollar property on Star Island in Miami Beach.

  • Qualified by a Broward County Circuit Court Judge as an expert for the purpose of opining on the reasonable amount of hours spent and the reasonable hourly rate charged in a lawsuit involving a real property dispute.

  • Obtained summary judgment defeating borrowers' counterclaim of criminal usury against out-of-state lender and later foreclosure judgments overcoming similar usury-based defenses.

  • Obtained dismissal with prejudice of borrower's counterclaim alleging violation of the Florida Consumer Collections Practices Act.

  • Insurance/Tort Litigation

  • Acted as third-party claims administrator and resolved several hundred title claims for large national title insurance underwriter.

  • Defended a products manufacturer in numerous lawsuits throughout Florida involving alleged defective products or breach of warranties.

  • Negotiated the full release in favor of an auto insurer in pre-litigation mediation, paying a fraction of the injured party's demand and securing a contribution from a third-party involved in the accident.

  • Secured the dismissal of a time-barred personal injury claim for a large motor-carrier client.

  • After establishing the speculative value of the injured party's claim, expeditiously resolved a personal injury claim for an insurer prior to litigation for a fraction of the future defense costs.

  • Obtained a jury verdict awarding hundreds of thousands of dollars in legal fees and costs in favor of a national title insurance underwriter in dispute with its insured owner over termination and withdrawal of insurance coverage.

  • Defeated a homeowner's claim that the client breached its duty to procure mortgage insurance.

  • On behalf of an insurer, settled numerous Hurricane Irma-related property damage lawsuits, securing the full releases for the insurer and avoiding bad faith claims.

  • Obtained a bench verdict on behalf of a bank's commercial collections case involving authentication of documents, incomplete evidence, statute of limitations, an appeal, a fraudulent transfer, proceedings supplementary, and an attorney's fee dispute.
  • Obtained favorable ruling for surplus lines carrier, defeating insured's claim that carrier wrongfully refused to participate in appraisal.

Professional Honors & Activities
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Named as a "Rising Star" in the area of Business Litigation in Florida Super Lawyers (2012 – 2019)
  • Noted as a Florida Trend "Up and Comer" (2013 – 2014)
  • Named as a "Top Up and Comer" in the 2019 South Florida Legal Guide
  • Named to the 2013 Cystic Fibrosis Foundation, Outstanding Lawyers of Miami-Dade County "40 Under 40"
  • Member – The Florida Bar, Young Lawyers Division
  • Member – American Bar Association
  • Member – Dade County Bar Association, Young Lawyers Section
  • Leadership Miami, Class XXXIII
  • Charter Member – Miami Beach Jewish Community Center
  • Member – Florida Land Title Association
  • Chairman – Temple Beth Sholom Bone Marrow Donor Drive
  • Volunteer – Dade County Bar Association Legal Line
  • Member – Florida Lawyers Network, Fort Lauderdale Chapter, Real Estate Litigation
  • Member – Humane Society of Broward County, PetSet
Publications
Speaking Engagements
  • "Wiz Realty, Inc. and Roni Oz: An Ongoing Case Study Of Why We Are Not in Kansas Anymore," in-house client presentation, Birmingham, Alabama (October 2018)
  • "Timeline of Mortgage Foreclosure Action in Florida and Best Practices," Florida Lawyer's Network (January 2018)

Education

  • University of Miami School of Law, J.D., 2006
  • University of Michigan – Ann Arbor, B.A., 2003

Admissions

  • Florida, 2006
  • U.S. District Court for the Middle and Southern Districts of Florida

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