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Heath A. Fite

Businesses value Heath Fite's ability to resolve commercial disputes successfully and cost-effectively before trial and appellate courts, and in arbitration defending lender liability lawsuits involving a wide array of state and federal claims. Heath focuses on developing solutions to often complex issues.

Currently, Heath's practice focuses on representing banks and financial institutions in disputes involving real estate, secured lending, and Uniform Commercial Code (UCC) transactions.

Heath is a member of the Waller team representing the indenture trustee in the widely publicized Jefferson County, Alabama, $3.2 billion bond default and municipal bankruptcy proceedings.

Experience

  • With Heath’s assistance, a lender successfully established the validity of its foreclosure sale at which it purchased the  property for a fraction of its market value and obtained a deficiency judgment on summary judgment.  That judgment was affirmed on appeal.  CS Assets, LLC v. West-Beach, LLC, 370 Fed. Appx. 45 (11th Cir. 2010).
  • Heath assisted in representing an indenture trustee under a municipal bond issue which was sued by an underwriter seeking contribution or indemnity for the underwriter’s settlement of claims brought against it by bond purchasers.  The indenture trustee obtained dismissal of the lawsuit and that result was upheld on appeal.  Duncan-Williams, Inc. v. U.S. Bank Nat. Assn, 390 Fed. Appx. 887 (11th Cir. 2010).
  • Heath represented a State government body in its efforts to protect a State employees’ deferred compensation plan by ending, and seeking restitution for, alleged self-dealing by the plan’s service providers.  Heath also assisted this client in drafting plan documents, terminating the plan’s relationship with a service provider, advising on the search for new service providers, drafting and negotiating contracts with a new service provider, and setting aside an injunction barring the client’s investigation of plan-related wrongdoing outside the confines of discovery in a pending lawsuit.  Ex parte State Personnel Board, 45 So. 3d 751 (Ala. 2010).  The State’s Attorney General later settled underlying lawsuits.

Professional

  • Member, Birmingham, Alabama, Mississippi and American Bar Associations

Prior Affiliations

  • Judicial Clerk for the Honorable Sharon Lovelace Blackburn, United States District Court for the Northern District of Alabama, 2001-2002
  • Associate, Burr & Forman, LLP, Birmingham, Ala., 2002-2006

 

Education

  • J.D., Vanderbilt University Law School, 2001
  • M.A., University of Kentucky, 1997
  • B.A., cum laude, Vanderbilt University, 1993

Legal Services

Industries Served

Bar Admissions

  • Alabama
  • Mississippi

Court Admissions

  • U.S. Court of Appeals for the Fifth and Eleventh Circuits
  • U.S. District Court, All Districts of Alabama
  • U.S. District Court, All Districts of Mississippi

Up Close

Heath practices yoga daily. He enjoys spending time with his family and listening to music.