D. Keith Andress

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

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

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 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.
• 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.

Professional Honors & Activities:

• 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)