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Real Property Foreclosure
Original Program Date :


 

  • Speakers, session times and credit hours are subject to change.
  • Ethics | Professionalism | Trial Practice

 

  • PRESIDING:
  • Catherine Y. Gibson, Program Chair; Managing Partner, The Gibson Law Firm, LLC, Atlanta, GA


  •  
  • 8:30
  • INTRODUCTION
  • Julia D. Neighbors, ICLE Director, State Bar of Georgia, Atlanta, GA

  • 8:35
  • WELCOME AND PROGRAM OVERVIEW
  • Tenise C. Chung, Partner, Rubin Lublin, LLC, Atlanta, GA
  • Catherine Y. Gibson

  • 8:50
  • NON-JUDICIAL FORECLOSURE, JUDICIAL FORECLOSURE AND DEED IN LIEU
  • Patricia L. “Patty” Whitehead, Senior Litigation Associate, Rubin Lublin, LLC, Peachtree Corners, GA

  • 9:50
  • EXAMINING TITLES INVOLVING TAX DEEDS
  • Carolina D. Bryant, Partner, Ayoub, Mansour & Bryant, LLC, Atlanta, GA

  • 10:50
  • Break

  • 11:00
  • HOW TO ETHICALLY LITIGATE THE DISTRESSED ASSET CASE (provides ethics credit) (provides trial practice credit)
  • Curtis J. Romig, Partner, Bryan Cave Leighton Paisner, LLP, Atlanta, GA

  • 12:30
  • lunch
  •  
  • 12:45
    BANKRUPTCY OVERVIEW AND UPDATE
  • Anna M. Humnicky, Partner, Small Herrin, LLP, Atlanta, GA

  • 1:45
  • DEVELOPER CONTROL AND TURNOVER OF COMMUNITY ASSOCIATIONS IN GOOD TIMES AND BAD
  • Jonathan R. Benator, Partner, Lazega & Johanson, LLC, Atlanta, GA

  • 2:45
  • Break

  • 3:00
  • LEGAL AND PRACTICAL PROTECTIONS FOR SUCCESSORS IN INTEREST IN MORTGAGE SERVICING AND REAL PROPERTY FORECLOSURE
  • Richard S. “Rick” Alembik, Richard S. Alembik, PC, Decatur, GA

  • 4:00
  • REAL PROPERTY LITIGATION AND PROFESSIONALISM: A PANEL DISCUSSION (provides professionalism credit) (provides trial practice credit)
  • Moderators:
  • Richard S. “Rick” Alembik
  • Catherine Y. Gibson
  • Panelists:
  • Hon. Robert C.I. McBurney, Judge, Fulton County Superior Court, Atlanta, GA
  • Hon. Nora L. Polk, Judge, DeKalb County Superior Court, Decatur, GA
  • Hon. Danielle P. Roberts, Judge, Henry County Superior Court, McDonough, GA

  • 5:00
  • Adjourn

 

Description vOD2, Brochure v1

 

Ms. Catherine Y. Gibson, The Gibson Law Firm LLC

Catherine Gibson practices in the areas of residential and commercial real estate, business law, personal injury, civil litigation, and immigration. Her practice includes residential and commercial loan modifications, landlord/tenant law and real estate sales. Ms. Gibson has experience in the representation of developers, investors, multi-unit housing, contractors, business owners, and property managers. She represents clients with small business matters and formation of for-profit and not-for-profit businesses. She also has experience with many areas of immigration including the naturalization process, work visas, removal, and marriage-based residency petitions. Ms. Gibson also represents personal injury victims of automobile accidents and slips and falls.


While at Emory Law School, Ms. Gibson was awarded the Henry Quillian prize for outstanding achievement and distinction in Contracts and Commercial Law and the Harry L. and Elanore Raoul Green Scholarship. Prior to opening The Gibson Law Firm, LLC, she clerked for King & Spalding, LLP, and practiced commercial real estate law at Powell Goldstein, LLP.

 

Education

J.D. Emory University School of Law, 2004

B.S. Old Dominion University, 2001

Major: Political Science

Minor: Communications

 

Bar & Court Admissions

Georgia & New York

Supreme Court of Georgia

U.S. District Court of Georgia

Court of Appeals

Bankruptcy Court

Registered Mediator

Chair-Real Property Foreclosure Section Ga Bar

 

Speaking Engagements & Awards

Commercial Real Estate Financing, NBI CLE 2020

Most Influential Attorney 2011 by Women Looking Ahead

Magazine

United Way VIP Alumni

Super Lawyers

The Coronavirus’ Effects on Real Estate, NBI CLE 2020

 

Publications

Book: Stop the Foreclosure, Save Your Home

Article: Loan Modification Plan Doesn’t Reward Liars

Mr. Stuart Simon Gordan, McCalla Raymer Leibert Pierce LLP

Stuart Gordan is a Partner with the law firm McCalla Raymer Leibert Pierce, LLC.  Based in the firm’s Roswell, GA office, Stuart manages the REO and Closing Dept. operations over the firm’s 16-state footprint.  Stuart has been a Georgia resident for 25 years, following his graduations from the University of North Carolina at Chapel Hill and then the University of Tulsa College of Law.

Ms. Patricia Lynn Whitehead, Rubin Lublin LLC

Ms. Whitehead is a Senior Litigation Associate in the Litigation Department at Rubin Lublin LLC. Her practice focuses on representing lenders and mortgage servicers in real estate litigation, foreclosure defense, and title curative work in the federal/state courts of Tennessee and Georgia.

Prior to joining Rubin Lublin, Ms. Whitehead worked in a boutique creditors’ rights and landlord/tenant firm in Nashville, Tennessee.  In addition to her law practice, Ms. Whitehead holds a 200-Hour Yoga Teacher Certificate and enjoys going to concerts with friends.

Mrs. Carolina Dallal Bryant, Ayoub Mansour & Bryant LLC

Carolina Dallal Bryant is a partner with the law firm Ayoub, Mansour & Bryant, LLC and has a varied real estate practice that includes litigation, transactional work, and closing work.  She is experienced in all issues surrounding tax sales as well as ad valorem taxation issues, curative title litigation, and consults developers regularly. She also has experience with land buyer/seller defects, land boundary disputes, including issues surrounding alleyways, contract disputes, foreclosure actions, community association consulting and disputes,  and zoning matters.  She has filed hundreds of quiet title actions throughout the State of Georgia and routinely serves as Special Master in the Fulton County Superior Court. She has been nominated a Super Lawyers Georgia Rising Star for 2014 and 2016 – 2023.

Carolina was admitted to the State Bar of Georgia in 2009 and is admitted to practice before the U.S. District Court for the Northern District of Georgia, the Georgia Court of Appeals, the Georgia Supreme Court, and the United States Supreme Court.  Carolina graduated from the University of Georgia School of Law and Amherst College. She is a member of the State Bar of Georgia, Real Property section. Carolina is also a former board member of the Georgia Association for Women Lawyers Foundation and served as President of the Georgia Association for Women Lawyers Foundation for board year 2014-2015. Carolina is a graduate of the Young Lawyers Division of the State Bar of Georgia’s 2013 Leadership Academy. She frequently presents at CLEs throughout the State of Georgia.

Carolina prides herself on her attentive nature and work ethic.

Mr. Curtis James Romig, Bryan Cave Leighton Paisner LLP
Ms. Anna M. Humnicky, Small Herrin LLP

Anna M. Humnicky, Esq.

 

A partner of Small | Herrin, LLP, Anna Humnicky’s practice focuses on representation of debtors-in-possession in Chapter 11 and 12 reorganizations and creditors' rights in Chapter 7, 11, and 13 bankruptcy cases, as well as representation of Chapter 7 and 11 trustees, and various other non-bankruptcy commercial litigation matters and out-of-court workouts.

 

Anna handles Chapter 11 bankruptcy cases filed on behalf of debtor clients and Chapter 11 bankruptcy matters related to creditor clients, as well as oversees day-to-day Chapter 11 matters, plan formulation, disclosure statements and objections thereto for both debtor and creditor clients. Anna handles other debtor and creditor bankruptcy matters, including but not limited to asserting and defending against adversary proceedings filed by and against clients, §523 and §727 causes of action, and financial fraud issues.  Anna also represents Chapter 7 and Chapter 11 trustees and handles other non-bankruptcy commercial litigation matters in both state and federal courts, as well as out-of-court workouts. 

 

Anna previously clerked for the Honorable John T. Laney, III, U.S. Bankruptcy Court Judge for the Middle District of Georgia.

 

Education

Georgia State University

Juris Doctor, Cum Laude, 2002

 

Georgia State University

Master of Business Administration, 2002

 

Ball State University

B.S., Sports Administration, Cum Laude, 1995

 

Honors & Awards

Georgia State University Alumni Association Board of Directors Ambassador Award (2017)

Invited Guest to Eleventh Circuit Judicial Conference (2016)

Georgia Super Lawyers Rising Star (2010)

 

Bar Associations & Community Involvement

Georgia Bar Association, Member

Atlanta Bar Association, Member

International Women’s Insolvency & Restructuring Confederation, Member

Cobb County Bar Association, Member

W. Homer Drake, Jr. Georgia Bankruptcy American Inn of Court – Counselor Elect (July 2024 - Present), Secretary (July 2023 - June 2024), Treasurer (July 2021 - June 2023), Mentoring Committee (2015-Present)

Atlanta Bar Bankruptcy Section – Member-at-Large on Board of Directors (June 2022 – Present), CLE Committee (June 2022 - Present), Communications Committee (June 2024 - Present), Mentoring Committee (2014–2016)

International Women’s Insolvency & Restructuring Confederation – Committee Chairperson (2006)

Georgia Association of Women Lawyers – Committee Chairperson (2005-2006)

Georgia State University Alumni Association Board of Directors – Member (June 2012 – June 2018); Member (June 2012–June 2015) and Chair of Board Development and Governance Committee (July 2013–June 2015); Member, Scholarship Committee (July 2015-June 2017); Treasurer and Chair of Finance Committee (July 2017–June 2018).

Sigma Kappa Sorority – Collegiate Chapter Officer (1994-1995); Advisory Board Member (1995-2007); Advisory Board Chairperson (2004-2006); Alumnae Chapter Officer/Committee Chairperson (1995-2007)

 

Bar Admissions

State Level Courts

State Bar of Georgia

Supreme Court of Georgia

Georgia Court of Appeals

Superior and State Courts and all lower courts

Federal Level Courts

United States Court of Appeals for the Eleventh Circuit

United States District Courts for the Northern, Middle, and Southern Districts of Georgia

United States Bankruptcy Courts for the Northern, Middle, and Southern Districts of Georgia

Mr. Jonathan Richard Benator, Lazega & Johanson LLC

Jonathan specializes in real estate law. His practice focuses on the representation of community association clients such as condominiums, master planned subdivisions, and mixed use developments. He works closely with Boards of Directors and property managers to advise on day-to-day operations. Jonathan’s experience includes handling covenant enforcement matters, property tax issues, boundary disputes, cost-sharing arrangements, developer turn-over, and zoning matters. Jonathan also regularly teaches certified continuing education courses on community association law. Jonathan received his B.S. from the University of Florida in 2005, and his J.D. from Emory University in 2008. Jonathan serves on the Community Association Institute (CAI) Helping Hands Committee. When not at work Jonathan likes spending time with his wife and three sons.

Mr. Richard Scott Alembik, Richard S Alembik PC

Rick Alembik is the Principal at the Law Offices of Richard S. Alembik, PC, in Decatur, Georgia. Since 1991, he has practiced real estate-related litigation, with a focus on foreclosure defense, title, and construction disputes. Alembik has first-chaired more than seventy jury trials and arbitration proceedings in state and federal courts, and arbitration forums. He has been recognized as a “leading authority on foreclosure defense,” and an “advocate for victims of wrongful foreclosure.” In 2020, he was honored to be named as one of 40 “Consumer Champions” by the National Consumer Law Center in celebration of its 50th anniversary. He has been identified as a Super Lawyer since 2012, and av rated since 2003. He earned his J.D. degree from the University of Georgia School of Law, where he served as the Executive Editor of the Georgia Journal of International and Comparative Law. Alembik has made numerous TV appearances as a legal commentator, and he has provided consultation on state legislation to Georgia legislators and study groups. Alembik is an active member of the National Association of Consumer Advocates, the Lawyers Club of Atlanta, the Real Estate Section of the State Bar of Georgia, and the Venetian Pools Community Association, Inc. where he is also a member of its Board of Directors.

Hon. Robert Charles McBurney, Fulton County Superior Court

Judge McBurney has served on the Superior Court of Fulton County since April 2012.  He handles a split docket of civil and criminal cases.  He is also one of Fulton County’s Accountability Court judges, which means he has the opportunity to work with individuals who are serious about achieving a sustainable recovery from addiction.

Judge McBurney chairs the Mental Health Task Force, a joint city-county collaboration of criminal justice and public service agencies from Atlanta and greater Fulton County.

Before joining the bench, Judge McBurney worked as an Assistant United States Attorney in Atlanta.  As a federal prosecutor, he focused on cases involving public corruption, international terrorism, and child exploitation.

Judge McBurney received his B.A. from Harvard College and his J.D. from Harvard Law School.  Prior to his years of public service, he worked as a management consultant for McKinsey & Company.  Judge McBurney lives in Atlanta with his wife Courtney, an executive training officer at McDonald’s (yes, the burger place), two wonderful (and exhausting) boys, and two fuzzy dogs.

Ms. Nora Lafaye Polk, DeKalb County Superior Court

Judge Nora Polk, a native Texan, received her B.A. in Political Science from Texas A&M University and her Juris Doctor from the University of Cincinnati College of Law. During her law school career, she attended the University of Cape Town in South Africa to study comparative justice through a Study Abroad program, one of the first such programs after Apartheid. 

 

Judge Polk initially worked for the Hamilton County Public Defender’s Office for several months after law school before accepting a fellowship at Atlanta Legal Aid Society (ALAS) in 1998. She worked for ALAS for over eight years, as a fellow, staff attorney, and supervising attorney. Judge Polk opened Ashby & Polk, LLC law firm with her law partner in 2007.

 

She practiced in various areas, including family violence, housing, consumer, public benefits, disability, wills, trusts, estate planning, powers of attorney, guardianship, probate, elder law, divorce, custody, legitimation, and child support. In addition to representing clients, she served as a Guardian Ad Litem in domestic relations cases, an Ombudsman in bankruptcy cases involving patient care, and as a Hearing Officer in public housing informal review hearings. She is also a trained mediator.

 

In 2010, Judge Polk was appointed as a part-time Associate Magistrate Judge in DeKalb County. She became a Supervising Judge for Magistrate Court in 2016. Six years later, Governor Brian Kemp appointed her to Superior Court in the Stone Mountain Judicial Circuit.

 

She has been a guest lecturer at Atlanta Technical College, Georgia Piedmont Technical College, Georgia State University, John Marshall Law School, University of Cincinnati School of Law, and an adjunct instructor in the Emory Law School Trial Techniques Program. Judge Polk has presented at a variety of ICLE trainings and is a trainer for the National Council of Juvenile and Family Court Judges.

 

Judge Polk is an ardent supporter of youth in her community, visiting schools and inviting students into her courtroom. She volunteers with numerous organizations and has established several Access to Justice programs for the public throughout the years.

 

Beyond her memberships in community organizations and various bar associations,

she is a member of:

the 2006 Founding Class of the State Bar of Georgia Young Lawyers Division’s

Leadership Academy;

the 2013 Leadership DeKalb Class; and

the 2016 Leadership Georgia Class, serving as a 2022 Program Chair and Fanning

Fellow.

 

Judge Polk has been recognized by Who’s Who in the Profession and is the recipient of:

the 2012 GABWA Founder’s Award for Commitment to the Family;

the 2012 Atlanta Legal Aid Distinguished Pro Bono Service Award;

the 2013 Outstanding Service Award in Political Awareness and Involvement from the

Decatur Alumnae Chapter of Delta Sigma Theta Sorority, Incorporated;

the 2015 Justice Benham Award for Community Service from the State Bar of Georgia;

the 2015-2016 Pota E. Coston Trailblazer Award presented at the Delta Sigma Theta

Sorority, Inc. Days at the Georgia State Capital Program; and

the 2019 Judicial Engagement Network Fellowship.

Hon. Danielle Patrice Roberts, Henry County Superior Court

Judge Danielle P. Roberts is an Atlanta native.  She matriculated from Benjamin Banneker High School in College Park, Georgia in 1995 and earned her Bachelor of Business Administration, from Howard University in 1999, magna cum laude.  She went on to earn her Juris Doctorate degree from Georgia State University College of Law in 2006.  Judge Roberts co-founded Axam~Roberts Legal Group where she practiced for ten years in the fields of criminal defense, civil litigation and appellate practice.   

 

On January 1, 2018, Judge Roberts was appointed to serve as an associate judge of the Henry County Magistrate Court and on July 1, 2018 she became the first African-American to serve as a full time judge for Henry County.  In October 2020, Judge Roberts was appointed to the State Court of Henry County making her the first African American to serve on the Henry County State Court Bench.  In that role, Judge Roberts formed the Domestic Violence Accountability Court which continues to operate to this day.  In January 2022, Judge Roberts was appointed to serve as a Superior Court Judge of Henry County for the Flint Judicial Circuit making her the only judge in the history of the county to have served on all three levels of court. 

 

In addition to her judicial duties, Judge Roberts serves on the Henry County Domestic Violence Task Force, presides over the Parental Accountability Court, serves on the membership committee for the Lawyer’s Club of Atlanta and serves as Co-Chair for the Council of Superior Court Judges Parental Accountability Court Committee.  She was a participant in the Leadership Henry Class of 2014 and has also served as a member of the State Bar of Georgia; Indigent Defense Committee from 2015-2018.  For the past fifteen years, Judge Roberts has coached mock trial at various schools throughout Fulton, Clayton and Henry County, Georgia. She has also served as a cheer coach, mentor and executive board member at the North Henry Youth Football and Cheer.  

 

Judge Roberts is a member of the United States District Court for the Northern District of Georgia, the State Bar of Georgia, the Georgia Supreme Court, the Georgia Court of Appeals, the Henry County Bar Association, the Lawyer’s Club of Atlanta, the Georgia Association of Black Women Attorneys, the Henry County Chapter of the NAACP and the Gate City Bar.  Judge Roberts is a member of Alpha Kappa Alpha Sorority, Incorporated, The Order of the Eastern Star, and Delta Sigma Pi Professional Business Fraternity.  

 

Judge Roberts is happily married to Naeem Roberts, an educator in Henry County, and has two sons, Joshua and Caleb.


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