Kevin P. Nelson
Top rated civil litigation attorney in Phoenix, ArizonaTiffany & Bosco, P.A.
“I work tirelessly to provide my clients with strategic, efficient, and practical solutions to litigation, primarily focused on real estate disputes and creditor’s rights. 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 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.
Although Kevin’s practice is focused on real estate disputes and creditor’s rights, he has a great deal of experience helping his clients work through a variety of issues. For example, Kevin represents business owners in lease negotiations and contract disputes (including force majeure claims), 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 including claims under the Fair Debt Collections Practices Act (FDCPA), and represents lenders, servicers, and commercial property owners in quiet title litigation ranging from routine boundary disputes and fraudulent recording claims 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).
Practice areasCivil litigation: defense, Creditor debtor rights: business, Real estate: business, Construction litigation: business
First Admitted: 2004, Arizona
Professional Webpage: http://www.tblaw.com/attorneys/kevin-nelson
- Arizona State University, Barrett Honors College, Accountancy, 2001
- PCH50, Phoenix Children's Hospital - Membership Chair, 2019
- Boys and Girls Clubs of Greater Scottsdale, Board Member , 2013
- Arizona Autism United, Board of Directors, member and founding donor , 2011
- Scottsdale Active 20/30 Club - Past Active Member, former Board Secretary, 2010
- Licensed to practice law in New Mexico state courts, 2020
- Licensed to practice law in Michigan state courts., 2019
- Navajo Nation Bar Association - licensed since 2004, 2020
- White Mountain Apache Tribal Court - licensed since 2018 although previously licensed for intermittent periods, 2019
- Fort Mojave Indian Tribe - licensed since 2013, 2019
- Fort McDowell Yavapai Nation - licensed since 2009, 2019
- Washoe Tribe of California and Nevada - licensed since 2013, 2019
- Salt River Pima Maricopa Indian Community - licensed since 2011, 2019
- Hopi Tribe - licensed since 2005, 2019
- First awarded in 2014., AV Preeminent ® , Martindale-Hubbell ® , 2021
- , Clients' Choice Award 2021, AVVO, 2021
- , America's Top 100 High Stakes Litigators, America's Top 100 LLC, 2021
- Award for the top 100 high stakes litigators in Arizona, America's Top 100 High Stakes Litigators, America's Top 100 LLC, 2018
- First awarded in 2014., AV Preeminent ® , Martindale-Hubbell ®, 2020
- First awarded in 2014, Arizona's Finest Lawyers , Arizona's Finest Lawyers , 2019
- Vice Chair, Oakland County Bar Association Real Estate Committee, 2021
- Litigation Liaison, Oakland County Bar Association Real Estate Committee, 2020
- Immediate Past Chair, Real Estate Section, Maricopa County Bar Association, 2019
- Chair, Real Estate Section, Maricopa County Bar Association, 2018
- Vice-Chair, Real Estate Section, Maricopa County Bar Association, 2017
- Took case to jury trial in Mohave County during the pandemic. Case No. S-0500-CV-2019-00015. Obtained unanimous jury verdicts awarding client damages in excess of $1,200,000 on deficiency judgment claim and defeating counterclaims for fraud, and negligent misrepresentation. Fraud claim was withdrawn by opposing counsel after my closing argument and before it went to the jury. It is anticipated that the judgment will be in excess of $1,500,000 with interest and attorney's fees. Prior to verdict, the trial court precluded the defendants/counterclaimants monetary damages claims alleged to be in excess of $9,000,000., 2021
- A presentation providing an overview of Arizona Real Estate law concerning real estate conveyances, encumbrances, title insurance and title defects. , Presenter, Arizona Real Property Law: Understanding Title, Transfers, and Encumbrances, NBI, Inc., Real Estate, 2022
- Speaker, Short Sales, Foreclosure, Taxes & Bankruptcy, State Bar of Arizona (CLE by the Sea), 2011
- Presented on advanced title issues., Presenter, Advanced Title Issues, National Business Institute, Attorneys, Title Industry, 2017
- Presented on real estate litigation from a lender's attorney's perspective., Organizer and presenter, A balanced discussion of real estate litigation, Maricopa County Bar Association, Attorneys, Title Industry, 2017
- Authored books annually since 2015., Author, Arizona Real Estate Law, 2018-2019 ed. (Vol. 11 & 11A, Arizona Practice Series), Thomson Reuters, Real Estate, 2021
- Continuously authored since 2015., Author, Arizona Construction Law Annotated, 2018-2019 ed. (Vols. 14-14A Arizona Practice Series), Thomson Reuters, Construction, 2021
- Speaker, Legal Aspects of Condominium Development and Homeowners’ Associations, National Business Institute, 2015
- Speaker, A Practitioner’s Guide to Practicing Residential Real Estate Law: Short Sales, Foreclosures, Ethics and Bankruptcy (President's Award Recipient), State Bar of Arizona, 2012
- Drafting and negotiation of two custom home construction contracts with contract amounts in excess of $5,000,000., 2019
- Drafting and negoation of two custom home construction contracts with contract values in excess of $4,000,000., 2018
- Commercial And Residential Real Estate
- Commercial Landlord-Tenant (Representing Landlords)
- Commercial Lender
- Commercial Property Manager
- Financial Services
- Land Owners
- Private Lender
- Restrictive Covenants
- Rising Stars: 2014