Nicole Topper

Nicole R. Topper concentrates her practice on various litigation matters, including consumer finance, commercial litigation, construction defect, and civil tort litigation. Nicole represents and counsels residential mortgage loan servicers, lenders, payment processors, and other financial institutions, handling all phases of litigation, from initial investigation through trial and appeal. She is experienced with motion practice, oral argument, discovery, mediation, and trial practice.

Nicole routinely handles a wide variety of claims and compliance issues relating to residential mortgage loan interests, debt collection, creditors’ rights, and servicing issues, including securitization and standing, claims of wrongful foreclosure, violations of TILA, RESPA, FCRA, FDCPA, FCCPA, and related federal and state consumer protection laws and regulations.

Nicole represents various commercial litigation matters inclusive of breach of contract, real estate disputes, landlord-tenant matters, general liability issues, eminent domain, fraud, and third-party claims.

Nicole has represented clients in various civil tort litigation inclusive of insurance defense, first-party claims and coverage, security negligence, premises and property liability, automobile, and trucking.

Nicole also has extensive experience relating to multimillion dollar construction defect litigation representing developers, homeowners, and condominium associations.

Experience:

• Representation of a wide array of financial services companies in state and federal litigation, litigation involving homeowners’ association lien priority, and investigations conducted by regulatory agencies and state attorney general.
• Representation of major institutional lenders, in foreclosures and other actions to enforce rights under real property.
• Insurance defense, first/third party claims and coverage, security negligence, premises and property liability, automobile and trucking claims.
• Construction litigation including construction contracts and bonds, construction liens, claims of construction defects.
• Representation of litigated appellate matters in the 2nd, 3rd, 4th, and 5th DCA of Florida.

EDUCATION:

• Florida Atlantic University, BA
• Nova Southeastern University, Shepard Broad Law Center, JD

ADMISSIONS:

• United States Court of Appeals for the Eleventh Circuit
• District of Columbia
• Florida
• Maryland
• U.S. District Court – Middle District of Florida
• U.S. District Court – Northern District of Florida
• U.S. District Court – Southern District of Florida
• United States Court of Appeals for the Federal Circuit

MEMBERSHIPS:

• District of Columbia Bar Association
• Florida Bar Association
• Maryland Bar Association
• Palm Beach County Bar Association