Eve A. Cann

Baker, Donelson, Bearman, Caldwell & Berkowitz PC

$ $$$

Southeast 3rd Avenue 100
Fort Lauderdale 33394 FL US

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.

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.

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 Southern and Middle Districts of Florida
  • 11th Circuit Court of Appeals

Representative Matters:

  • Won full defense verdict at trial in favor of a mortgage servicer and lender, defeating claims for violations of the TCPA and the Florida Consumer Collection Practices Act (FCCPA), in which over 500 calls to the plaintiff’s cell phone were at issue.
  • 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.

Professional Honors & Activities:

  • Member – American Bar Association
  • Member – Federal Bar Association
  • Member – Dade County Bar Association
  • Member – Broward County Bar Association

Cost

Rate : $$$$

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Southeast 3rd Avenue 100
Fort Lauderdale 33394 FL US
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Lina Stillman

5.0
Broadway 42
New York 10006 NY US
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