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James W. Carpenter

Practice Areas:
Litigation

 

Mr. Carpenter is a partner in the firm’s litigation practice group. Over the last 26 years, he has represented institutional clients including Regions Bank, Wells Fargo, Bank of America, PNC Bank, BB&T, SunTrust Bank and other banking and asset management companies in collection, recovery and liquidation of their loan portfolios throughout Florida in both state and federal courts.

He has also represented a national title insurance company and their insureds on numerous cases on a wide variety of issues and has handled numerous commercial landlord/tenant disputes.

He has many years of creditor-oriented, business workout, asset recovery and commercial collection practice experience, gained from representing both larger and smaller commercial banks and a diverse group of creditors.

Mr. Carpenter is admitted to practice before the Florida Bar (1987), and the United States District and Bankruptcy Courts for the Southern, Middle and Northern Districts of Florida. He received his B.S. degree and J.D. degree from the University of Florida.

He has actively served as an appointed member of the Florida Bar’s Small Claims Rules Committee, and has contributed materials and given numerous Creditor-Oriented seminars through Florida Bar approved CLE seminars. He is a Founding member of the Florida Creditors Bar Association.

NOTABLE CLIENT WORK

  • Obtained multiple summary judgments and final judgment of foreclosure on a variety of contested foreclosure matters in Florida courts and successfully defeated lender liability counterclaims in connection with these cases.
  • Key member of litigation team that recovered over $13 million and structured workouts from wrongdoers in bank fraud case related to luxury condominium project in Miami Beach, Florida.
  • Represented institutional mezzanine lender in over twenty litigation matters throughout the State of Florida and obtained multiple foreclosure judgments in connection with this representation.

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  • Successfully defended against usury claims asserted as defenses or counterclaims by numerous borrowers in foreclosure matters.
  • Pursued $30 million state court foreclosure case and related guarantor claims against developer and guarantors of high rise condominium project, and assisted with related confirmation of Chapter 11 Plan in conjunction with assignee of the bank’s loan.
  • Achieved numerous replevins of significant commercial equipment and related personalty for both national and local creditors throughout the state of Florida.
  • Assisted in the recovery of significant assets for judgment holder against probate estate of deceased guarantor through application of fraudulent transfer laws.
  • Collected numerous deficiency judgments and successfully pursued collection against related debtors.
  • Successfully defended free trade zone landlord being pursued for alleged losses sustained by tenant whose property was allegedly stolen from premises.

PUBLISHED OPINIONS

  • Northwood SG, LLC, et al. v. Builder Financial Corporation, et al., 76 So.3d 3 (Fla. 4th DCA 2011) –     Successful defense of summary judgment finding no lender usury to have taken place.
  • Rayani v. Regions Bank, 50 So.3d 614 (Fla. 4th DCA 2011) – Successful defense of deficiency judgment entered after foreclosure of real property.
  • Coy v. Coy, 34 So.3d 14 (Fla. 4th DCA 2010) – Successful defense of trial court ruling in favor of title insurer who gave title policy upon sale by one spouse of real property claimed to be homestead of both spouses.

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  • Indian Creek Holdings, LLC v. Regions Bank, 20 So.3d 858 (Fla. 3rd DCA 2009) – Successful defense of non-final order appointing receiver over $43 million project.
  • Technical Aid Corporation v. Tomaso, 814 So.2d 1259 (Fla. 5th DCA 2002) – Successful appeal of trial court order requiring arbitration of non-compete clause with former company.
  • SEDS, Inc. v. Hartford Fire Insurance Company, 724 So.2d 1258 (Fla. 4th DCA 2000) – Successful defense of multi-million dollar judgment entered by trial court judgment, worked on trial and appeal.
  • Lifshutz v. Citizens and Southern National Bank of Florida, 626 So.2d 252 (Fla. 4th DCA 1993) – Successful defense of trial court order precluding disclosure of work product materials.

EDUCATION

  • University of Florida, B.S., B.A. (1982); Juris Doctor (1986)

BAR AND COURT ADMISSIONS

  • The Florida Bar (1987)
  • Southern, Middle and Northern Districts of Florida (District and Bankruptcy Courts)

PROFESSIONAL MEMBERSHIPS AND COMMUNITY INVOLVEMENT

  • Appointment to Florida Bar’s Small Claims Rules Committee
  • Presenter at multiple continuing legal education seminars regarding collections and foreclosure related issues
  • Board of Directors, Florida Singing Sons Boychoir (2003-present)