Abount Benjamin

Tenaciously and efficiently navigating dispute resolution

Ben Brown is a litigator and trial lawyer who represents local and national lenders, loan servicers, contractors, professional fiduciaries and other sophisticated parties. Board certified in business litigation by the Florida Bar, he practices at both the trial court and appellate levels, representing clients in:

  • Real estate litigation
  • Construction litigation
  • Creditor's rights litigation
  • Commercial litigation
  • Probate and trust litigation

Clients rely on Ben for counsel and advocacy that is thoughtful, tenacious, sharp and efficient. Understanding that each case and client are unique, Ben works with clients to initially define what victory will look like in each situation. He then devises a clear strategy and sets the plan in motion. Through his experience handling thousands of cases, Ben views disputes several chess moves ahead, weighing the possible outcomes and homing in on the best options to meet the client’s objectives. Highly responsive, Ben brings a dogged determination to help his clients through difficult disputes.

Ben is the Naples chair of the Commercial Litigation Group.

Experience in Action

  • Advising on construction disputes, including construction lien, contract dispute and defect litigation.
  • Providing counsel on real estate disputes, including purchase contract disputes, access and easement rights, commission disputes and title claims.
  • Representing financial institutions and loan servicers in creditors’ rights matters at both the trial and appellate levels, including escalated foreclosure disputes and alleged violations of state and federal consumer protection statutes.
  • Advising individuals and professional fiduciaries in probate and trust disputes.

Successes

  • Represented institutional fiduciary clients in state-wide, $30 million fraud scheme perpetrated against them. Matters resulted in zero judgment exposure to clients.
  • Represented national loan servicer at two-day trial and appeal in case involving duplicate negotiable instruments, fraud allegations and title issues.
  • Represented national retailer in dispute regarding shopping complex access and easement rights.
  • Represented professional fiduciary in multi-case probate and trust dispute at both trial and appellate levels.
  • Represented buyer of single-family residence in contract interpretation dispute at trial and appellate levels.

Professional Recognitions

  • The Best Lawyers in America®, Commercial Litigation, 2020-2023
  • Naples Illustrated's "Top Lawyers" Commercial Litigation, 2020
  • Florida Super Lawyers®–Rising Stars, Business Litigation, 2009–2019
  • Board Certified by The Florida Bar as a specialist in Business Litigation

Professional & Civic Activities

  • Commercial Litigation Group (Florida chair)
  • The Florida Bar (Member)
  • Collier County Bar Association (Member)
  • American Bar Association (Member)
  • Princeton Alumni Schools Committee (Member)
  • Leadership Collier Class of 2018 (Class Speaker)

Published Opinions

  • State
    • Countrywide Home Loans, Inc. v. Sotern, 46 So. 3d 618 (Fla. 2d DCA 2010)
    • Gibney v. Pillifant, 32 So. 3d 784 (Fla. 2d DCA 2010)
    • Regions Bank v. Deluca, 97 So. 3d 879 (Fla. 2d DCA 2012)
    • Alonso v. Deutsch Bank Nat’l Trust Co., 133 So. 3d 550 (Fla. 2d DCA 2014)
    • Citibank, N.A. v. Konigsberg, 149 So. 3d 1185 (Fla. 2d DCA 2014)
    • U.S. Bank Nat’l Ass'n v. Rios, 166 So. 3d 202 (Fla. 2d DCA 2015)
    • U.S. Bank, N.A., et al. v. Western Homes, LLC, 245 So. 3d 1011 (Fla. 3d DCA 2018)
    • Deutsche Bank Nat'l Trust Co., as Trustee, et al. v. James Sheard, 249 So. 3d 736 (Fla. 2d DCA 2018)
    • Deutsche Bank Nat'l Trust Co., v. Cope, 311 So. 3d 120 (Fla. 2d DCA 2020)
  • Federal
    • Marquis v. Deutsche Bank Nat’l Trust Co., 710 Fed. Appx. 437 (11th Cir. 2018), cert. denied,
      139 S. Ct. 604 (2018)
    • Zamore v. Deutsche Bank Nat'l Trust Co., 762 Fed. Appx. 996 (11th Cir. 2019)

Publications

05/17/17
Supreme Court: Filing a Proof of Claim on Time-Barred Debt Does Not Violate Fair Debt Collection Practices Act
Bankruptcy, Restructuring & Creditor's Rights Alert

News & Insights

Education

Bar Admissions

Court Admissions

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