Roxanne Fixsen joined the firm in October 2008 and became a shareholder in 2014. She is a member of the Commercial Litigation Practice Group, and focuses on business litigation, appellate matters, title disputes and related litigation, as well as securities litigation and arbitration. Roxanne primarily represents clients from the financial services industry, including banks, credit unions, and securities firms, and title insurers.
Roxanne was an intern at the Federal District Court, Middle District of Florida and a summer law clerk at the United States Attorney's Office for the Middle District of Florida. Prior to law school, Roxanne was Chief Operating Officer for a nonprofit agency serving children and families involved with foster care.
Banking & Financial Services Litigation
- Represented a financial services client on a large portfolio of pending foreclosure actions to defend the client against affirmative defenses related to alleged violations of state and federal consumer statutes, including TILA, RESPA, FDCPA, and FCCPA.
- Represented several financial services clients in defense of alleged violations of FDCPA and TCPA.
- Represented a corporate trustee in a writ of garnishment action where the trust contained spendthrift provisions.
- Represented a financial institution in a garnishment action related to accounts located outside of the state.
- Represented a financial institution in initiating an interpleader action related to conflicting claims to funds on deposit in account at institution.
- Represented a financial institution in defending counterclaim alleging violations of FDCPA, intentional infliction of emotional distress, and defamation arising out of the collection of a debt.
- Represented a mortgagee in establishing a claim to tax surplus when property owner asserted priority claim; represented mortgagee in subsequent appeal filed by owner of the judgment entered in favor of mortgagee.
- Represented a financial institution in a dispute related to funds on deposit with client.
- Represented a lender in defense of an action filed by borrower alleging fraud pertaining to settlement of previous enforcement of loans.
- Represented a financial services client in defending an action between siblings related to entitlement to funds on deposit titled in the name of siblings' incapacitated parent.
- Represented a financial services client related to competing claims to funds on deposit and interpleader of funds.
- Represented a financial services institution in defense of claims alleging violations of FDCPA and FCCPA in connection with collection efforts related to returned checks.
- Represented a financial services client in defense of claims raised by successor trustee related to trust accounts maintained with client and allegations of conversion.
- Represented a surety in enforcement of notes and guaranties, and defended client against counterclaims related to accounting raised by bail bond borrower.
- Represented a student loan lender in an action by borrower alleging fraudulent manipulation of interest rates.
- Represented client in an appeal to the Florida Supreme Court related to adverse ruling on issues of sovereign immunity in wrongful death action where contractor of government entity was defendant.
- Secured affirmance of a final judgment to disburse to lender surplus proceeds from a tax deed sale when borrower asserted that the mortgage lien was eliminated in borrower’s bankruptcy.
- Secured affirmance of a final judgment of foreclosure when borrower argued that lender did not meet its evidentiary burden when borrower’s affidavit raised disputed issues of fact.
- Secured affirmance of judgment validating a Trust when the beneficiaries of a Will asserted that language in the Will revoked the Trust instrument.
- Secured affirmance of an order dismissing with prejudice commercial tenant’s complaint against landlord for improper eviction and civil theft of property.
- Represented a lender in an appeal of foreclosure judgment filed by intervener who was a subsequent owner of the property.
- Represented several lenders in appeals of final judgments of foreclosure filed by borrowers.
- Represented a lender in an appeal of foreclosure judgment filed by borrower asserting error by trial court in denying motion to amend defenses.
- Represented a financial services client in analysis of merits of pending appeal of a judgment obtained by other law firm in favor of client and determine that the judgment should be vacated based on deficiencies in the court record.
- Represented a student loan lender in an appeal filed by borrower related to order compelling arbitration of borrower's claim.
- Represented a financial services client in defense of a FINRA arbitration claim raised by the beneficiary of an annuity alleging fraud and negligence of failure to pay death benefits.
- Represented a financial services client in defense of claim against it and a financial advisor related to allegations of unsuitable investments and breach of duty; obtained an order expunging claim from financial advisor's record.
- Represented a financial services client in a FINRA arbitration for collection of promissory note from former financial advisor, including the defense of a wrongful termination claim.
- Represented a financial services client in defense of a declaratory action related to alleged gifts of securities.
- Represented a financial services client in a FINRA arbitration to defend claims related to churning and unsuitable investments.
Title & Real Estate Litigation
- Represented a mortgagee in defense of a quiet title action, initiated by a subsequent purchaser of property from a bankruptcy estate, alleging the purchaser took ownership free of client's mortgage.
- Represented a lender in defense of a quiet title action brought by subsequent purchaser of real property, claiming the mortgage is no longer an encumbrance on the property.
- Represented an insured lender to establish validity of mortgage and establish first priority equitable lien on the property.
- Represented an insured lender to defend against defenses raised by borrower in a foreclosure action alleging fraud in the execution of the mortgage.
- Represented an insured lender to prosecute an action to correct an erroneous legal description in the insured mortgage.
- Represented an insured lender in establishing a mortgage lien when a satisfaction of mortgage was erroneously recorded in the public records.
- Represented an insured lender in defending an adversary claim in bankruptcy court where debtor is attempting to declare the mortgage loan as an unsecured debt due to inaccurate description attached to the mortgage.
- Represented insured lender to establish validity of mortgage when errors occurred in execution of loan documents at closing of refinance of mortgage.
- Represented a title insurer to defend claims of abuse of process, fraudulent transfer, slander of title, unjust enrichment, breach of contract, and breach of fiduciary duty in an action filed in federal court concerning real property.
- Represented an insured lender to establish lien connected with unrecorded mortgage on real property.
- Represented an insured lender to re-establish lost note and mortgage, and to establish first priority equitable lien.
- Represented an insured owner and lender in establishing lost and unrecorded deed and purchase money mortgage.
- Represented an insured owner of real property to re-foreclose interests which were not addressed in foreclosure action by lender who sold the property to insured after foreclosure sale.
- Represented an insured lender in connection with the failure of a wife to execute purchase money mortgage on homestead real property.
- Represented an insured property owner in the defense of a foreclosure action where lender is attempting to foreclose on property which was erroneously included in the mortgage.
- Represented a financial services client in resolution of a boundary dispute related to the property upon which client's branch is located.
- Represented insured property owners to clear title on property where a foreclosing lender, who deeded the property to the insured, did not have title at the time of conveyance, and had vacated the foreclosure judgment and dismissed the action.
Collection Litigation & Foreclosures
- Represented a financial services client in obtaining and collecting an $6 million deficiency judgment after commercial foreclosure and defending adversary claim brought by commercial borrower in bankruptcy.
- Represented a lender in enforcement of several notes and security interests and assisted client with eventual sale of the loans and related collections actions.
- Represented a financial institution in collection of unsecured note and defense of breach of settlement agreement counterclaim.
- Represented a financial institution in negotiating and preparing global settlement related to multiple loans and pending lawsuits.
- Represented a lender in enforcement of construction loan where loan documents contained inconsistent language and obtained affirmance of the final judgment in the subsequent appeal by borrower.
- Represented a financial institution in obtaining global settlement of enforcement of several notes, guaranties, and security interests being handled by various other law firms across the state of Florida.
- Represented a former wife in enforcement of a mortgage which secured equitable distribution of assets from a dissolution of marriage.
- Represented a trustee in the defense of a claim filed in federal court seeking damages related to a trust administration.
- Represented a trustee in the appeal of a final judgment against trustee related to administration of a trust.
- Represented trustee in challenge by beneficiaries of a Will asserting that language in the Will revoked the trust instrument.
Corporate & Business Advice
- Represented a credit card bank in its acquisition of a credit card portfolio, and enforcement of its rights under the purchase agreement.
- Represented a financial services client related to its vendor's data breach; assisted client in analysis and compliance with cybersecurity laws across several states.
- Represented a debt purchaser client in review and analysis of loans related to potential acquisition of FDIC loan portfolio from a failed bank.
Honors and Distinctions
- AV Preeminent Peer Review Rated by Martindale-Hubbell
- Thirteenth Judicial Circuit Pro Bono Award, April 2017
- Florida Super Lawyers, Rising Star 2013-2017
- St. Petersburg Bar Association
- Barney Masterson Inn of Court
- Member, 2006 - 2011; 2014 - 2015
- Group Leader, 2007-2011
- Adoption Related Services, Board Member, 2016 - present
- Trenam’s Appellate Newsletter: The Fundamentals of Preserving Error for Appeal
- Forty-Five Trenam Attorneys Recognized in Florida Super Lawyers 2017
- Trenam Law Launches Cybersecurity Practice in Response to Rising Cyber Threat for Middle Market Businesses
- Forty Two Trenam Lawyers Named to the 2016 Florida Super Lawyers and 2016 Florida Rising Stars Lists
- Forty-Five Trenam Lawyers Named Florida Super Lawyers and Florida Rising Stars
- Trenam Kemker Announces New Shareholders: Three Attorneys Elected
- Fifty Trenam Kemker Lawyers Named Florida Super Lawyers and Florida Rising Stars