Ginny Willcox Leavens | Litigation

Education

Cumberland School of Law

J.D., 2011, summa cum laude; Cumberland Law Review, student materials editor; Judge Abraham Caruthers Fellow; Scholar of Merit; National Negotiation Team, Regional Finalist
The University of Alabama

M.A., Advertising and Public Relations, 2006, “The Crimson White,” Advertising Coordinator
The University of Alabama

B.A., Journalism, 2003, cum laude; Varsity swim team; Academic All-SEC Athletic Honor Roll

Bar Admissions

Alabama, 2011

Which courts or agencies do you most often appear before on behalf of your clients?

I most commonly practice in the Alabama federal district court because, often, the mortgage and financial services litigation I manage involves regulatory statutes such as the Fair Debt Collections Practices Act, the Real Estate Settlement Procedures Act, the Truth in Lending Act, and others.
What types of clients do you represent?

I represent lenders, creditors, mortgage servicers, and leasing agencies/landlords, among others.
What do you see on the horizon in your area of practice?

I see financial services regulation and litigation as a very active, evolving area. Government agencies are currently struggling to find a balance between sufficiently regulating banking, lending, and servicing organizations so that consumers are protected, without overregulating the industry. This has resulted in increasing oversight by the Consumer Financial Protection Board, and lots of new regulations. Keeping up with the new regulations and new theories of liability afforded by those regulations in order to advise our clients and defend lawsuits against them makes this a very busy and exciting time to be a financial services litigator.

Select Matters

Dismissal of FDCPA, RESPA, TILA, TCPA action: Successfully obtained dismissal of a lawsuit in federal court against a mortgage servicer accused of improper mortgage servicing and foreclosure.
Dismissal of Alabama UCC dispute:Successfully obtained a voluntary dismissal of a lawsuit against bank, based on allegations of breach of the transfer and presentment warranties.
Jury Verdict in Federal False Claims Act trial: Obtained a jury verdict in favor of large corporate client accused of defrauding the government of millions of dollars.
Appellate Verdict in Mortgage-Servicing Case: Obtained a verdict in favor of mortgage servicer and lender on appeal to the Alabama Supreme Court in a wrongful foreclosure case.
Summary Judgment Victories: Has successfully secured full summary judgment victories for mortgage servicers and lenders, avoiding the costly expense of trial.
Successful Meditations: Has successfully mediated numerous mortgage servicing disputes, resulting in favorable resolution for clients.
Regulatory Counseling: Regularly counsels clients on compliance with financial regulations related to the CFPA, RESPA, TILA, FDCPA, and other federal laws and regulations, as well as state laws regarding debt collection and foreclosure.
Mortgage Litigation: Extensive experience defending financial institutions on consumer finance and mortgage-servicing and wrongful foreclosure related matters.
Debtor-Creditor Litigation: Extensive experience defending debt buyers in litigation involving the FDCPA and FCRA, along with other related state and federal claims.
Real Property Litigation: Experience representing title insurers and property owners, including resolving issues for her clients related to access, scrivener’s errors, boundary disputes, and quiet title actions.
Landlord-Tenant Litigation: Experience managing in landlord-tenant disputes and eviction actions.

Publications

News

Credentials

Education

Cumberland School of Law, J.D., 2011, summa cum laude; Cumberland Law Review, student materials editor; Judge Abraham Caruthers Fellow; Scholar of Merit; National Negotiation Team, Regional Finalist
The University of Alabama, M.A., Advertising and Public Relations, 2006, “The Crimson White,” Advertising Coordinator
The University of Alabama, B.A., Journalism, 2003, cum laude; Varsity swim team; Academic All-SEC Athletic Honor Roll

Bar Admissions

Alabama, 2011

Professional Affiliations

Alabama State Bar
American Bar Association
Birmingham Bar Association
Women Lawyers Section, Co-Chair Membership Committee, 2012-2014
Young Lawyers Section, Executive Board Member, 2013-2014; Vice President of Public Service, 2014-2016

Awards & Accolades

The Best Lawyers in America^®, Ones to Watch
B-Metro Magazine, 2013 Rising Star
Mid-South Super Lawyers, Rising Star, 2015-present