Elizabeth Zwickert Timmermans Partner

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Elizabeth is the office managing partner of the firm’s Raleigh office. She is a commercial litigator who represents Fortune 20 financial institutions, mortgage servicers and other businesses in individual and class action lawsuits nationwide. An experienced trial lawyer, she has first-chaired numerous trials to favorable verdicts in state and federal courts across the U.S.

Elizabeth represents clients in pre-litigation advisory matters, internal investigations, complex class actions, administrative law proceedings, and multi-jurisdiction derivative litigation. She has defended hundreds of lawsuits involving mortgage origination and servicing, fraud, foreclosure, title disputes, breach of contract and other claims. She also manages appeals nationwide in state and federal appellate courts. Elizabeth also has experience representing businesses and individuals in land use issues, such as zoning and coastal setback disputes.

Elizabeth served as a summer law clerk to Judge Robert J. Conrad of the U.S. District Court for the Western District of North Carolina. Elizabeth has been named repeatedly to Super Lawyers’ “North Carolina Rising Stars” for business litigation.

Experience

  • Served as first-chair lawyer in jury trial defending financial institution client against claims by borrower attempting to void loan agreement and prosecuting client’s counterclaim against borrower for breach of a prior settlement agreement related to loan agreement. Obtained swift jury verdict in favor of client on borrower’s claims and c­­lient’s counterclaim.
  • Part of trial team defending Fortune 20 financial institution in 42 U.S.C. § 1981 case where former customer alleged that institution terminated the parties’ banking relationship based on the former customer’s ethnicity. Team obtained swift jury verdict in favor of client.
  • Served as first-chair lawyer in bench trial where borrower alleged forgery of various loan documents and sought monetary damages and to rescind the mortgage. Obtained verdict in favor of client.
  • Successfully argued before South Carolina Supreme Court regarding loan origination claims and obtained order affirming dismissal of case at motion to dismiss stage.
  • Successfully argued before Hawai‘i Supreme Court regarding loan servicing claims and obtained order affirming dismissal of case at motion for summary judgment stage.
  • Successfully represented and argued on behalf of clients in administrative law dispute and subsequent petition for judicial review, including appeal to North Carolina’s Court of Appeals.
  • Representation of Fortune 20 financial institution in a variety of mortgage origination and servicing related litigation. She has argued and obtained numerous favorable rulings on motions to dismiss and for summary judgment and on appeals to federal and state appellate courts and has negotiated favorable settlements on behalf of the client.
  • Served as first-chair lawyer arguing ten federal motions for summary judgment in which borrowers sued Fortune 20 financial institution alleging inflated appraisals induced them to purchase overvalued properties. The Court awarded full summary judgment on all ten motions.
  • Served as first-chair lawyer in bench trial where borrower alleged origination fraud counterclaims in an attempt to block a foreclosure action filed by Fortune 20 financial institution and obtained verdict in favor of client.
  • Provided defense for Fortune 20 telecommunications company in trade secret misappropriation lawsuit. The U.S. District Court for the District of South Carolina granted summary judgment in favor of the telecommunications client, and the Fourth Circuit Court of Appeals affirmed.
  • Served as part of criminal defense trial team for indigent client charged with attempted murder. Effectively persuaded jury to find client not guilty of attempted murder, and only of lesser included charge of assault.