Biography
Mark Davis has over 28 years of legal experience and has represented clients in all facets of commercial and residential real estate, including transactional work, residential development, real estate financing, and the resolution of title issues.
Mark routinely examines title, property surveys, and loan documents for his clients. He represents multiple developers, builders and homeowners' associations. Mark has participated in the development of planned unit developments as well as traditional neighborhood communities. He frequently drafts purchase and sale agreements and closing documents as well as commercial loan documents. Mark also represents mortgage companies and banks in residential, rural, and commercial loan transactions.
In addition to transactional and development work, Mark has substantial experience in every facet of real estate litigation and title defense litigation. In recent years, a growing portion of his practice has been devoted to serving the title insurance industry by representing insured land owners and lenders in all aspects of title claims litigation, including the following matters:
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Adverse Possession, Encroachment and Trespass Claims
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Agent Errors and Omissions
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Covenants and Restrictions Enforcement
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Defalcation Actions
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Easement and Access Disputes
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Escrow Claims
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Flipping Litigation
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Mechanics’ Liens
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Mortgage Fraud and Forgery of Title Instruments
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Quiet Title Actions
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Riparian and Littoral Rights Litigation
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Surveys and Boundary Disputes
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Tax Sale Redemptions
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Title Conveyance Issues
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Title Defect Litigation
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Title Insurance Coverage Claims
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Title Irregularities
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Validity and Priority of Liens
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Violations of Restrictive Covenants
Mark issues title insurance policies and is authorized to conduct closings under insured closing letters for Mississippi Valley Title Insurance Company, First American Title Insurance Company, and Chicago Title Insurance Company.
He is a Distinguished Military Graduate of the University of Alabama and holds a law degree from the University of Alabama School of Law. Upon completing law school, he served five years as a JAG Officer in the United States Army. He retired from the Army Reserve in 2008 as a Lieutenant Colonel. Mark has been with the firm since 1990 and has served two terms on the firm’s Executive Committee. He is a frequent speaker at continuing legal education seminars, as well as banking and realtor events. Mark has been AV peer review rated in Martindale-Hubbell for over 15 years.
Paralegals
Practice Areas
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NewsMay 2013 – Ball, Ball, Matthews & Novak Attorneys Selected for 2013 Alabama Super Lawyers
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Notable Cases2017 – Alabama Supreme Court affirms trial court’s order granting defendant homeowners carrier’s motion for summary judgment wherein plaintiff asserted claims of breach of contract and bad faith. (Alabama Supreme Court Case No: 1131074) 2017 – Following a week long trial, obtained a verdict in favor of the defendant insurer, with a finding that the insurance policy at issue did not provide coverage for the claims asserted by the plaintiff. (Lee County) 2017 – Summary Judgment in favor of insurer as to bad faith claims asserted by the plaintiff/insured. (Autauga County) 2016 – Successfully defended insurance company in connection with breach of contract and bad faith claims. Following a trial of the matter, the jury returned a verdict below the amount offered by the insurer before trial. (Geneva County) 2015 – Successfully defended insurance company in trial concerning payment of insurance benefits, with verdict returned being less than amount offered before trial. (Dale County) 2015 – Summary judgment entered in favor of homeowners insurance carrier as to the breach of contract claims asserted against carrier by 130 individual plaintiffs. (Calhoun County) 2015 – Summary judgment entered in favor of homeowners insurer concerning the plaintiffs’ claims of breach of contract, fraud and bad faith. (Tuscaloosa County) 2015 – Summary judgment entered in favor of timber dealer and against plaintiff, who suffered serious injuries resulting in over $500,000 in medical bills. (Calhoun County) 2015 – Successfully defended class action claim made against homeowners insurer. Following the class certification hearing, the trial court entered an order denying the plaintiff’s motion for class certification. (Chambers County) 2014 – Prevailed on appeal to the Alabama Supreme Court concerning the trial court’s ruling against homeowners insurer. Alabama Supreme Court held that trial erred in ruling against insurer and reversed the judgment of the trial court. (Baldwin Mutual Insurance Company v. Adair, 181 So. 3d 1033) 2014 – Summary judgment rendered in favor of homeowners insurer concerning the insured’s claims of bad faith. (Northern District of Alabama) 2014 – Summary judgment entered in favor of homeowners insurer as to the plaintiffs’ claims of bad faith. Christian v. Country Mutual Insurance Company, 2014 WL 2434294 (N.D. Ala. 2014) 2013 – Successfully defended homeowners insurer in connection with Plaintiffs’ claims of fraud, conversion and breach of contract. Following jury trial, case settled while case was on appeal to the Alabama Supreme Court. (Marion County) 2013 – Defendant’s verdict at the conclusion of jury trial wherein the plaintiff alleged personal injuries caused by the defendant. (Montgomery County) 2013 – Summary judgment rendered in favor of homeowners insurer as to plaintiff’s claims of breach of contract and bad faith. (Chambers County) 2013 – Summary judgment rendered in favor of homeowners insurer concerning plaintiff’s claims of breach of contract and bad faith arising out of April 27, 2011 Alabama tornadoes. (Clay County) 2013 – Summary judgment entered in favor of homeowners insurer concerning plaintiff’s claims of breach of contract and bad faith arising out of April 27, 2011 Alabama tornadoes. (Escambia County) 2012 – Summary judgment rendered in favor of homeowners insurer with respect to plaintiff’s claims of breach of contract and bad faith arising out of April 27, 2011 Alabama tornadoes. (Marion County) 2010 – Successfully defended homeowners insurer against plaintiff’s claims of breach of contract and bad faith. After week long jury trial, jury returned a verdict in the amount of $46,000. Plaintiff asked the jury to return a verdict in the amount of $2 million. (Bibb County) 2009 – Alabama Supreme Court affirms trial court’s order granting summary judgment in favor of insurer as to plaintiff’s underinsured motorists claims. (Kendall v. USAA, 23 So. 3d 1119)
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Other Reported DecisionsHarris v. Preskitt, 911 So. 2d 8 (Ala. Civ. App. 2005) – Trial court’s order enforcing settlement affirmed on appeal. Burt v. Shield Insurance Company, 902 So. 2d 692 (Ala. Civ. App. 2004) – Summary judgment in favor of defendant insurer affirmed on appeal. Rosen v. Montgomery Surgical Center, 825 So. 2d 735 (Ala. 2001) – Order dismissing plaintiff’s claims affirmed by Alabama Supreme Court.
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Attorney Testimonials"I have worked on a case in opposition to Mr. Brittain. He is a very professional and competent attorney." "Evans is an excellent attorney and well respected member of our local bar." "I have worked up 3-4 cases against Evans and he has always been the consummate professional..." "Evans is a fine lawyer and works hard for his clients."
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