"I work tirelessly to provide my clients with strategic, efficient, and practical solutions to litigation, primarily focused on real estate and banking disputes. Prior to litigation, I create, and help my clients implement, proactive options to minimize risk. When litigation is necessary, I effectively represent my clients following a client-approved roadmap and budget; that method allows my clients to make informed and objective decisions."
Kevin Nelson is an Arizona native and an experienced commercial litigator who began his career in Flagstaff, Arizona representing business owners of all sizes. In 2007, after gaining considerable experience assisting his clients with residential and commercial construction transactions and litigation throughout Northern Arizona, Kevin joined Tiffany & Bosco, P.A. Kevin was elected as a shareholder of the firm in 2011.
While Kevin maintains his construction law practice, since joining the firm he has established a broad real estate litigation practice. For example, Kevin represents private real estate investors and private lenders in issues ranging from daily operational concerns to fraud claims, defends corporations and their directors and officers against multi-million dollar claims, represents commercial real estate brokers in commission disputes, prosecutes bad faith and breach of contract insurance claims, defends mortgage lenders and servicers in class action and multi-district litigation (MDL) related to financial services issues, and represents lenders, servicers, and commercial property owners in quiet title litigation ranging from routine boundary disputes to complex issues concerning generations of handshake deals and fading memories.
Some of Kevin's more recent experience includes:
• Successfully defended a commercial lender and its directors and officers against claims including breach of contract, intentional interference with contractual relations, and fraud seeking damages in excess of $10 million.
• Successfully prosecuted a breach of contract claim against a national insurance company on behalf of a commercial lender.
• Successfully defended a regional lender and servicer against an attempt to certify a class action in federal court multi-district litigation (MDL) related to consumer financial services.
• Successfully prosecuted a breach of contract claim on behalf of a local commercial lender while preserving and enforcing its disputed rights to collateral under the Uniform Commercial Code.
• Successfully defended, through appeal, national lenders and servicers against claims ranging from the alleged fraudulent recording of documents to alleged violations of the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Fair Credit Reporting Act (FCRA), the Unfair Debt Collection Practices Act (UDCPA), and the Fair Housing Act (FHA).
Although Kevin did not step foot into an ice rink until his early twenties, Kevin and his family are avid Arizona Coyotes fans and supporters of youth hockey throughout Arizona.
Representative Published Works
Arizona Real Estate Law, revised and published annually by Thomson Reuters (2013-present)
Arizona Construction Law Annotated, revised and published annually by Thomson Reuters (2013-present)
The Fraudulent Debtor: Liability of Debtor's Life Insurance Proceeds Beyond the Grave, Tiffany & Bosco Newsletter (Winter 2010)
The Ties That Bind: The value of Agreements Between Business Owners Before a Problem Arises, Tiffany & Bosco Newsletter (Spring 2009)
Doing Business on Tribal Lands: Some Important Concerns, Tiffany & Bosco Newsletter (Spring 2008)
March 2016 – Full-day presentation and training for a national lender's employees entitled, A Litigation Overview for Corporate Representatives
December 2015 – Presenter at National Business Institute’s program, Legal Aspects of Condominium Development and Homeowners’ Associations
December 2012 – Presenter at National Business Institute’s program, Advanced Issues in Foreclosure
June 2012 – Arizona State Bar Convention – President’s Award Recipient– A Practitioner’s Guide to Practicing Residential Real Estate Law: Short Sales, Foreclosures, Ethics and Bankruptcy
July 2011 – CLE by the Sea, Short Sales, Foreclosure, Taxes & Bankruptcy
Professional Recognition and Awards
Martindale-Hubbell®, AV Preeminent® (2014 to present)
Arizona's Finest Lawyers (2014 to present)
Southwest Super Lawyers®, Rising Stars Edition, Real Estate (2014)
U.S. District Court, District of Arizona (2005)
U.S. Court of Appeals, Ninth Circuit (2005)
Navajo Nation Bar Association (2004)
Hopi Tribe (2005)
Fort McDowell Yavapai Nation (2009)
Salt River Pima-Maricopa Indian Community (2011)
Fort Mojave Indian Tribe (2013)
The Washoe Tribe of California and Nevada (2013)
Boys and Girls Clubs of Greater Scottsdale, Board Member (2013-Present)
Scottsdale Active 20/30 Club - Active Member 2010-2015, Former Board Secretary
Big Brothers Big Sisters of Central Arizona, Donation Center Board Member (2010-2012), Chairman (2012)
Arizona Autism United, Board of Directors, member and founding donor (2011-2013)