education

University of Florida Fredric G. Levin College of Law (J.D., 2002), high honors
The Johns Hopkins University (M.A., 1999)
University of Florida (M.A., 1994)
George Mason University (B.A., 1991), with distinction

related practices

related industries

bar admissions

Florida

court admissions

Florida State Courts
U.S. District Court, Middle District of Florida
U.S. District Court, Southern District of Florida

spoken languages

Spanish

Christopher Smart

Shareholder

Tampa

T: 813.229.4142

F: 813.229.4133

vCard

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Chris Smart is a real property litigator specializing in title insurance and real estate related disputes. He represents national title insurance companies, Fortune 500 financial institutions, and a broad array of real estate owners, developers, and investors. His legal background and experience is in title to real property, real estate contracts and transactions, mortgage lending, insurance, land use and zoning, and environmental law.

Mr. Smart's title insurance practice involves handling coverage determinations, coverage disputes and litigation, closing protection letter claims, agent defalcations, and bad faith claims. Mr. Smart also represents insured owners and lenders on behalf of their title insurers in litigation involving all manner of title defects and priority disputes. Mr. Smart's financial services practice involves lender liability, loan servicing, and mortgage foreclosure litigation.

He serves as co-chair of The Florida Bar's Title Issues and Standards Committee and is a member of the American Land Title Association's Title Counsel Committee. Mr. Smart has also been listed in Florida Trend's Florida Legal Elite in 2009 and 2011.

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Representative Matters
- Calbough v. Fidelity Nat’l Title Ins. Co., Case No. 05-6642 (Fla. 18th Judicial Cir. Ct. 2011) Order granting motion to abate, holding that “the reasons underlying the proposition that an insured may reject an insurer’s defense under a reservation of rights do not apply to an insurer’s right to establish an insured’s right of title.”
- Chicago Title Ins. Co. v. Lerner, Case No. 05-6642 (S.D. Fla. 2010) Order denying motion to abate action for breach of personal undertaking against principals of bankrupt developer for failure to remove liens on insured property pending resolution of state court lien cases and holding that, absent the bankruptcy court's extension of the automatic stay to principals, insurer's action may proceed.
- Pacific Island Medical, Inc. v. Finao Corp., Case No. 06-9616 (Fla. 13th Judicial Cir. Ct. 2007) Order granting motion for summary judgment on the basis of the recording statute and the insured lender’s bona fide purchaser status.

Publications

12.27.2011	Client Resource: Cases of Interest to Title Insurance Litigators (2011).
07.01.2011	Contributing Author, “Top 10 Lawsuits Impacting the Title Industry,” Title News, American Land Title Association (July 2011).
04.01.2008	“Legislative and Judicial Reactions to Kelo: Eminent Domain’s Continuing Role in Redevelopment,” Volume 22, No. 2, Probate & Property (March/April 2008).
more

Speaking Engagements
- Organizer and Moderator, Foreclosure Defects: Off Record Defects and their Impact on the Marketability of Title (May 17, 2011)
- Speaker, Title Counsel Committee Meeting, American Land Title Association Business Strategy Conference, Las Vegas, Nevada (May 9-10, 2011)
- Speaker, “Annual Case Law Update,” Florida Land Title Association Claims Roundtable Presentation (April 13, 2011)
- Speaker, “Closing Protection Letters and 3(a) Exclusion from Coverage,” Stewart Title Claims College (October 6, 2010)
- Speaker, “Courts Passing Like Ships in the Night: Recent Developments in the Law of Closing Protection Letters,” Florida Land Title Association Claims Roundtable Presentation (April 22, 2009)
- Speaker, “Recent Case Law Developments in Closing Protection Letter Law,” ABA Teleconference Presentation entitled, “Dilemmas Dealing with Deposits, Disbursements, Escrows, and Exchange Funds: Issues to Consider in Depositing Funds with and Disbursing Funds through Title Insurance, Escrow, and Exchange Service Providers” (February 23, 2009)
- Organizer, “The Land Sales Battle: Sellers and Purchasers War Over the Interstate Land Sales Full Disclosure Act,” ABA Spring Meeting of the Real Property, Probate and Trust Law Section, Washington, D.C. (2009)
- Organizer, “Subprime Mortgage Meltdown: Turning Down The Heat - Part II,” ABA Spring Meeting of the Real Property, Probate and Trust Law Section, Washington, D.C. (2009)
- Organizer, ”Business Improvement Districts and Urban Revitalization,” ABA Annual Meeting, New York, NY (2008)
- Organizer, “Dark Sky Over America: Light Pollution and Workable Solutions,” ABA Spring Meeting of the Real Property, Probate and Trust Law Section, Washington, D.C. (2008)
Professional Recognition
- AV Rated by Martindale-Hubbell
- Order of the Coif
- Listed in Florida Trend’s Florida Legal Elite 2009 and 2011
Professional and Civic Activities
- American Land Title Association
  |Member, Title Claims Committee (2011)
- Florida Land Title Association (2007-present)
- The Florida Bar, Real Property, Probate and Tax Law Section
  Vice-Chair, Title Issues & Standards Committee (2009-2011)
- American Bar Association, Real Property, Trust and Estate Law Section
  Vice-Chair, Practice Management Group (2010-2011)
  Chair, Real Property Litigation and Alternative Dispute Resolution Committee (2008-2010)
  Chair, Land Use and Zoning Committee (2006-2008)