Michael D. Starks

Michael D. Starks

Of Counsel

Michael D. Starks represents mortgage loan servicers and investors in consumer finance litigation and complex commercial matters in both federal and state courts. Much of this litigation is related to claims arising out of federal consumer protection statutes, such as the Real Estate Settlement Procedures Act, Truth in Lending Act, Fair Debt Collections Practices Act, Florida Consumer Collections Practices Act, Fair Credit Reporting Act and Telephone Consumer Protection Act. Michael also focuses on products liability matters, especially those concerning the automotive industry (such as actions relating to alleged issues with both tires and brakes). He has written two book chapters on the law of spoliation of evidence in Florida and its effect on products liability cases. He has been representing clients for more than 22 years in a wide array of other legal areas, including general commercial litigation, products liability, construction, spoliation of evidence, and section 1983 actions defending law enforcement agencies.

Concentrations

  • Mortgage loan litigation
  • Consumer finance litigation

取扱分野

実績紹介

  • HSBC Bank USA, Nat'l Ass'n for Registered Holders of Nomura Home Equity Home Loan, Inc. v. Estate of Petercen, 227 So. 3d 640, 644 (Fla. 4th DCA 2017) (reversing trial court’s dismissal of foreclosure on statute of limitations and res judicata grounds).
  • Deutsche Bank Nat'l Tr. Co. v. Sheward, ___ So. 3d ____, No. 2D16-4237, 2018 WL 1832302 (Fla. 2d DCA Apr. 18, 2018)(reversing trial court’s dismissal of foreclosure on hearsay grounds regarding boarding process involving prior servicer's business records).
  • Evans v. Ocwen Loan Servicing, LLC, No. 517CV409OCPGBPRL, 2018 WL 1116549 (M.D. Fla. Feb. 28, 2018) (successfully striking jury demand based on mortgage jury waiver).
  • Bartram v. U.S. Bank Nat. Ass'n, 211 So. 3d 1009, 1013 (Fla. 2016), approving, U.S. Bank Nat. Ass'n v. Bartram, 140 So. 3d 1007 (Fla. 5th DCA 2014) (holding that statute of limitations for mortgage foreclosures did not bar future mortgage foreclosures).°
  • Dorta v. Citibank Nat'l Ass'n for Lehman Bros.-BNC Mortg. Loan Tr. 2007-3, 707 F. App'x 660 (11th Cir. 2017) affirming sub nom., Dorta v. Wilmington Tr. Nat. Ass'n, No. 5:13-CV-185-OC-10PRL, 2014 WL 1152917 (M.D. Fla. Mar. 24, 2014) (affirming dismissal of quiet title action on statute of limitations grounds).°
  • Bank of Am., Nat. Ass'n v. Enclave at Richmond Place Condo. Ass'n, 173 So. 3d 1095(Fla. 2d DCA 2015)(bank prevailed against association on entitlement to safe harbor estoppel on basis of waiver).°
  • Lane v. Guar. Bank, 552 F. App'x 934 (11th Cir. 2014) (affirming dismissal of quiet title action seeking to remove mortgage as cloud on title), affirming, No. 6:13-CV-85-ORL-18DAB, 2013 WL 1296751 (M.D. Fla. Apr. 1, 2013) and No. 6:13-CV-85-ORL-18DAB, 2013 WL 2350481 (M.D. Fla. May 28, 2013)(affirming grant of summary judgment against borrowers’ quiet title action based on statute of limitations).°
  • Lane v. Guar. Bank, No. 6:13-CV-259-36TBS, 2014 WL 1088307, at *5 (M.D. Fla. Mar. 20, 2014)(granting summary judgment against borrowers’ quiet title action).°

°The above representations were handled by Mr. Starks prior to his joining Greenberg Traurig, P.A.

受賞歴・所属団体

  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Banking & Finance - Litigation, 2017
  • Listed, Florida Trend magazine, "Legal Elite," Banking & Financial, 2016
  • Recipient, Florida Bar Journal Excellence in Writing Award, 2006
  • Rated, AV Preeminent® 4.5 out of 5

°AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Member, The Florida Bar
    • Member, The Florida Bar Business Law Section
    • Member, The Florida Bar Real Property, Probate and Trust Law Section
    • Member, Real Property Litigation Committee of the Real Property, Probate, and Trust Law Section of the Florida Bar, 2019-Present
    • Member, Legislation and Government Regulation of Lending Sub-Committee of the Real Property Finance and Lending Committee of the Real Property, Probate and Trust Law Section of The Florida Bar, 2014-Present
    • Member, Foreclosure and Debtor/Creditor Rights Sub-Committee of the Real Property Finance and Lending Committee of the Real Property, Probate and Trust Law Section of The Florida Bar, 2012-Present
    • Member, Real Property Finance and Lending Committee of the Real Property, Probate and Trust Law Section of The Florida Bar, 2014-Present
  • Member, Federal Bar Association
  • Orange County Bar Association and Ninth Circuit's Professionalism Committee, 2012-Present
  • The Florida Bar Journal/News Editorial Board, 2006-2012

学歴・資格・言語

学歴
  • J.D., magna cum laude, Florida State University College of Law, 1996
    • Order of the Coif
    • Legislative Editor, Florida State University Law Review, 1995-1996
    • Associate Editor, Florida State University Law Review, 1994
  • B.S., Advertising, cum laude, University of Florida, 1990
弁護士資格
  • Florida
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida
言語