Contact Info
Email: fcanfield@fabianlaw.com
Direct Line: 801-323-2239
Fax: 801- 596-2814
Felicia B. Canfield
Felicia Canfield is a shareholder attorney with Fabian & Clendenin who practices business and commercial litigation, real property, mediation and arbitration.
She brings a broad and distinguished educational background to her legal practice. Her diverse academic experience along with the intense self-discipline, life and people skills she developed in national and world class athletic skeleton sled competition give Felicia a unique ability to deal with and resolve complex legal issues and litigation, and give her, when necessary, a tough-minded, practical approach to controversy and conflict.
Felicia has extensive experience in all aspects of civil litigation, managing cases from start to finish – including initial case strategy, fact discovery, expert witness discovery, dispositive motions and oral arguments, settlement and alternative dispute resolution, and trial and appellate work. Felicia also mediates and arbitrates, utilizing her two master’s degrees and mediation training at Pepperdine University, as well as skills gained in litigation negotiations and settlements.
Felicia was recognized as a Rising Young Star by Mountain States Super Lawyers in 2009, 2010 and 2011. She has also been named in Utah Business Magazine as one of Utah’s legal elite in Civil Litigation & Trial in 2008, 2009 and 2011.
She brings a broad and distinguished educational background to her legal practice. Her diverse academic experience along with the intense self-discipline, life and people skills she developed in national and world class athletic skeleton sled competition give Felicia a unique ability to deal with and resolve complex legal issues and litigation, and give her, when necessary, a tough-minded, practical approach to controversy and conflict.
Felicia has extensive experience in all aspects of civil litigation, managing cases from start to finish – including initial case strategy, fact discovery, expert witness discovery, dispositive motions and oral arguments, settlement and alternative dispute resolution, and trial and appellate work. Felicia also mediates and arbitrates, utilizing her two master’s degrees and mediation training at Pepperdine University, as well as skills gained in litigation negotiations and settlements.
Felicia was recognized as a Rising Young Star by Mountain States Super Lawyers in 2009, 2010 and 2011. She has also been named in Utah Business Magazine as one of Utah’s legal elite in Civil Litigation & Trial in 2008, 2009 and 2011.
- Practice Areas
- Professional
- Representative Projects
- Education
- Publications & Presentations
- Community Service
- Admissions:
Utah State Bar, May 19, 2003
United States District Court of Utah, May 19, 2003
United States Bankruptcy Court, District of Utah, May 19, 2003
United States Court of Appeals for the Tenth Circuit, Jan. 24, 2011
- American Bar Association, member
- Member, ABA Subcommittee on Foreclosure Mediation, 2009-current
- Utah State Bar Association, Litigation, Real Property and Dispute Resolution sections member
- Secretary, Dispute Resolution Section, 2011-12
- Treasurer, Dispute Resolution Section, 2010-11
- Member, Utah State Bar Fee Dispute Resolution committee, 2010; Chair, Arbitration Panel, Dec. 2010
- Recognition: Mountain States Superlawyers, Rising Star, 2009, 2010 and 2011
- Recognition: Utah Business Magazine, Utah’s Legal Elite in Civil Litigation & Trial, 2008, 2009 and 2011
- Traynor Moot Court Semi-Finals judge, S.J. Quinney College of Law, 2009
- Legal Writing, Oral Arguments judge, S.J. Quinney College of Law, 2010
- Member, Program Advisory Committee for Entertainment Arts, Broadview University, 2011-current
- Member, Board of Trustees, Pinebrook Master Association, 2008 – current
- Member, Salt Lake Homebuilders Ass'n, VIP Night & Government Affairs committees, 2010
- Felicia Canfield practices in real estate, banking, business and commercial law. She also mediates and arbitrates. She has successfully represented clients in many industries on a wide range of legal issues. The following is a sampling of representative cases.
BANKING AND LENDER LITIGATION
Felicia represents banks, lenders and title insurers in a wide variety of disputes, including trust deed priority, mechanic lien, foreclosure and other litigation.
Bank/Title Insurer - Trust Deed Priority
Represents lender in complex consolidated mechanics lien action, defending the priority of trust deeds securing a $1.8 million construction loan from claims asserted by general contractor and numerous subcontractors.
Won summary judgment against general contractor, resulting in dismissal of all claims against the bank and declaration that contractor lien was invalid. Summary judgment further resulted in the court awarding the bank its attorney's fees and costs by finding enforceable the completion and performance guarantees signed by the general contractor. This case is currently on appeal, which Felicia is handling.
FDIC - Trust Deed Prority
Represents the FDIC as receiver for lenders in numerous complex consolidated mechanic lien actions, defending priority of trust deeds securing multi-million dollar loans for subdivision developments and other construction projects, against claims made by contractors and subcontractors on grounds of nonpayment by owner.
FDIC - Foreclosures
Represents the FDIC in connection with several judicial foreclosure and deficiency actions on multi-million dollar loans.
Lenders/Servicers - Foreclosure Defense
Represents lender in numerous quiet title actions alleging lender lost any enforceable interest in the underlying note and trust deed when it securitized the loans.
Title Insurer - Wrongful Foreclosure
Represents homeowner whose residential real property was the subject of a wrongful foreclosure by a prior lender that was paid off. Case involves defenses, cross-claims and counter-claims for fraud and forgery made by lenders, buyers and sellers involved in the various transactions at issue.
Title Insurer - Breach of Duty
Represents Title Company in case where sibling claims it improperly relied upon forged deed in closing sale of property inherited by another sibling.
Lender - Fraud Claim
Defended national mortgage company against half a million dollar fraud claim brought by residential borrowers. Following substantial discovery, filed motion for summary judgment which led to successful mediation of all claims before motion was heard.
Lender - Breach of Contract
Successfully represented lender in breach of contract lawsuit for enforcement of exclusive loan agreement. Prevailed on motion for summary judgment, resulting in favorable settlement.
COMMERCIAL AND REAL ESTATE LITIGATION
Felicia has experience in a variety of commercial and real estate litigation, including in matters involving commercial sales, real estate development, quiet title, condemnation, leasing and landlord/tenant disputes, fraud, breaches of contract, members' derivative suits, and breaches of duties of directors, officers, and managers.
Subdivision Developer - Neighboring Property Owners
Represents subdivision developer in district court action, on appeal from decision by Alpine City Board of Adjustment, against claims made by neighboring property owners that Alpine City improperly and illegally approved preliminary plan that otherwise would have required developer to build $7M road for sole benefit of neighboring property owners.
Developers - Members Derivative Action
Successfully defended, as part of litigation team, several business entities against plaintiff's claims for members' derivative action, judicial dissolution, fraudulent transfer, alter ego claims, breaches of contract and quiet title to a large residential development in Santaquinn, Utah. The plaintiff had claimed $40,000,000 in alleged actual damages, and $100,000,000 punitive damages and entitlement to real property. After bringing and prevailing on two motions dismissing Plaintiff�s quiet title and derivative claims, the case settled favorably.
Commercial Office Buyer - Specific Performance
Represented, as part of a litigation team, a commercial buyer in bringing action for specific performance of a $10,000,000 purchase contract on the grounds of breach of contract and a breach of duty of good faith and fair dealing. Buyer claimed the seller failed to timely cooperate with the buyer's assumption of seller's loan. Achieved a favorable resolution in mediation following the filing of a motion for summary judgment.
Gas/Convenience Store - Condemnation Proceedings
Represents national gas/convenience store chain in a variety of condemnation actions brought by Utah Department of Transportation. In one such case prevailed on a motion for summary judgment affirming lease, resulting in favorable settlement to apportion condemnation proceeds between client and landowner. In other cases, has successfully negotiated resolutions with U-DOT, landowners and other affected parties.
Debtor - Deficiency Lawsuit Defense
Defense of debtor in deficiency lawsuit filed by creditor who failed to foreclose on real property collateral before bringing deficiency lawsuit. Settled case favorably in mediation.
Commercial Tenant - Lease Termination
Defended dentist, who terminated commercial lease upon discovering the property needed remediation for mold and water damage, against claim for breach of lease. Successfully defended and argued against two motions for partial summary judgment brought by landlord. Successfully resolved case.
Commercial Tenant - Lease Termination and Conversion
Defended dental practice group against claim for breach of a commercial lease for office space and for conversion based upon dentists' taking their dental equipment with them upon termination of the lease. Settled case favorably.
Homeowner - Fraud, Unjust Enrichment Defense
Successfully defended homeowner against plaintiff buyer's claims for fraud, unjust enrichment, equitable lien and constructive trust arising from a failed purchase of property. Involved simultaneous prosecution of third party claims against general contractor for breach of a construction contract to build a luxury home, leaving construction unfinished and several subcontractors unpaid. Successfully represented owner before Utah's Residence Lien Recovery Fund, resulting in subcontractors releasing mechanics liens from the property. Prevailed in a motion for summary judgment against the contractor, clearing title for the owner, and achieved favorable settlement of the remainder of the case in mediation.
Buyer - Fraudulent Nondisclosure
Represented buyers asserting claims for fraudulent nondisclosure of mold in a residence against sellers, real estate agent and brokerage. Resulted in favorable settlement.
ENTERTAINMENT LAW
Currently represents an independent publishing company, handling all its legal needs including copyright, trademark, contract and related entertainment legal issues.
APPELLATE WORK
Felicia's work includes appeals before the Utah Court of Appeals, the Utah Supreme Court and the Tenth Circuit Court of Appeals.
Currently pending appeals:
GDE Construction v. Leavitt, Docket No. 20110128. (Utah Court of Appeals);
West, et al. v. Mortgage Electronic Reg. Sys., et al, Appeal No: 11-4086 (United States Court of Appeals for the Tenth Circuit)
Reported appellate decisions for cases on which Felicia has worked include:
Sill v. Hart, 2007 UT 45;
Al-Ali v. Countrywide Home Loans, Inc., 2007 UT App 156;
Stonecreek Landscaping, LLC v. Bell, 2008 UT App 144;
Park West Condominium Ass'n, Inc. v. Deppe, 2006 UT App 507
- Juris Doctor Degree, University of Utah, S.J. Quinney College of Law, 2002
-Recipient: CALI Excellence for the Future Award, 2002
-Recipient: S.J. Quinney College of Law Outstanding Achievement Award, 2002
-Recipient: Stephen Pierre Traynor Outstanding Legal Writing Award for the best legal research paper of 2001-2002, "Amateur Athletes and Antitrust Laws."
-Externship with Chief Justice Christine Durham, Utah Supreme Court, 2002
-Winner: Traynor Moot Court Competition, Best Brief & Oral Arguments, 2000-2001
-Featured: Res Gestae, University of Utah College of Law alumni magazine; cover and article, Autumn 2001
- Pepperdine University Law School: Mediating the Litigated case, 2009
- Master of Arts, International Relations, Syracuse University, 1995
-Recipient: Academic Merit Scholarship
-Thesis: "African Refugees and Local Integration: A Durable Solution?"
- Masters of Social Work, Syracuse University, 1995
-Recipient: Academic Merit Scholarship - Bachelor of Science, Sociology, Northern Arizona University, 1986
-Award: Dean's List for Outstanding Scholarship
-Award: Outstanding General Sociology Student
- Beyond the Split Note Theory: Recent Developments and Trends in Foreclosure Litigation", Session Presentation at annual Fall Forum, Utah State Bar, November 2011.
- Mediation presentation to Park City Interfaith Council, October, 2011.
- Co-Authored “Rumor Has It-Getting Ahead of the Economic Rebound”, published in the January 11-17, 2010 edition of The Enterprise.
- Interviewed as a subject matter expert on Davencourt case in “Landmark Ruling Requires Developers to Establish Sound Fiscal Basis for HOA, Utah Real Estate News, May 25, 2010”.
- Athlete, National Skeleton Team 2000 - 2007
-World Championships
-World Cup Circuit
-America's Cup Circuit, 2 gold, 2 silver, 4 bronze medals
-Europa Cup Circuit
-Challenge Cup, 2 bronze medals
-U.S. National team trials, 1 gold, 2 bronze medals
-Champion, Western Regionals, 3 gold medals
-Champion, Empire State Games, gold medal
- Hospice Social Work, Brevard Hospice, Rockledge, Florida, 1997-99
- Income Tax Preparation, H&R Block, Melbourne, Florida, 1996-97
- Refugee Resettlement Program Internship, Syracuse, New York, 1994-95
- Refugee Resettlement Internship, United Nations High Commissioner for Refugees, Washington D.C., 1994