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DAVID E. GERNER Founder, President and CEO

David E. Gerner

The General James Taylor Mansion
335 East Third Street
Newport, Kentucky 41071

(513) 241-7722 x 2826
(859) 292-5400 (fax)

David E. Gerner was licensed as an attorney in 1983 and established the law firm of Gerner & Kearns in 1987 with a vision to provide personalized, specialized and results oriented legal services to each and every client. Mr. Gerner trademarked the tagline “Where Business is Personal”® for the firm in order to summarize his philosophy of treating each client matter, no matter how large or small, with the same importance and the same sense of urgency as he would want his own matter treated. His vision was realized by implementing this philosophy, employing experienced and well trained attorneys, management and support staff and investing in state-of-the-art technology.

 

Mr. Gerner is a leader in his practice areas of real estate, creditor’s rights, probate and business law and is licensed in Ohio, Kentucky and Michigan. He has been certified by the Ohio Bar Association as a Specialist in Residential, Business, Commercial and Industrial real estate law and is AV rated by Martindale Hubbell which is their highest rating for both legal ability and ethical standards. Mr. Gerner is an Approved Counsel for many banks including US Bank, Key Bank and Huntington Bank and for numerous government agencies including Freddie Mac, Fannie Mae, FDIC, SBA and USMS. He serves Hamilton County as a Court Appointed Registered Land Examiner and is a frequent speaker, panelist, writer, mediator, arbitrator, consultant and expert witness on various real estate/title related cases and matters. Mr. Gerner is also a title insurance agent for the six largest title insurance companies in the country and a real estate agent for RE/MAX.

 

David Gerner has been married for over 30 years to the love of his life, Maureen and together they have three beloved children who were adopted from Guatemala. He is active in helping the children of Guatemala improve their quality of life through building infrastructure and reducing poverty in various ways including annual mission trips. Dave also supports local causes such as Children’s Hospital, Home Ownership Center, Adopt a Class and Brighton Center. In his spare time, he is an avid tennis player and fan and dog lover.

 

Educational Background:

  • 1983 Salmon P. Chase College of Law, Juris Doctor
  • 1980 Thomas More College, Bachelor of Arts
  • 1976 Covington Latin School

Professional Experience:

  • 1987 to Present Gerner & Kearns Co., L.P.A., President and CEO
  • 1986 to 1987 Bolsinger, Gerner & Brinkman, Partner
  • 1985 to 1986 Bolsinger & Keller, Associate Attorney
  • 1983 to 1985 Law Offices of G. Robert Hines, Associate Attorney

Professional Licenses:

  • Attorney in Ohio, Kentucky and Michigan
  • Admitted in all Federal Courts statewide in Ohio and Kentucky
  • Title Insurance Agent in Ohio, Kentucky, Indiana, Michigan, and Minnesota
  • Real Estate Agent in Ohio & Kentucky

Professional Association Memberships:

  • American Bar Association
  • Ohio State Bar Association
  • Kentucky State Bar Association
  • Michigan State Bar Association
  • Cincinnati Bar Association
  • Northern Kentucky Bar Association
  • American Land Title Association
  • Ohio Land Title Association
  • Kentucky Land Title Association
  • Southwestern Ohio Land Title Association (Former President)

Affiliated Business Interests:

  • PRISM Title and Closing Services, LLP, National Title Agency
  • TurnKey Asset Management Solutions, LLC, National Asset Management Company
  • Strategic Recovery Systems, LLC, Regional Collection Agency
  • Rebel Properties, LLC, Regional Property Investment Company

Title Insurance Company Affiliations:

  • Fidelity National Title Insurance Company
  • First American Title Insurance Company
  • Commonwealth Land Title Insurance Company
  • Old Republic National Title Insurance Company
  • Stewart Title Guaranty Company
  • Chicago Title Insurance Company

Trade Organization Memberships:

  • Mortgage Bankers Association (MBA)
  • American Legal & Financial Network (ALFN)
  • National Association of Development Companies (NADCO)
  • National Association of Government Guarantee Lenders (NAGGL)
  • National Association of Retail Collection Attorneys (NARCA)
  • National Association of Chapter Thirteen Trustees (NACTT)

Areas of Expertise:

    REAL ESTATE

  • Title Examinations
  • Title Opinions
  • Title Insurance
  • Title Curative (simple to complex)
  • Quiet Title Actions
  • Declaratory Judgment Proceedings
  • Partition Actions
  • Registered Land Proceedings
  • Boundary Line Disputes
  • Purchase and Sales Contract Drafting
  • Land Contracts
  • Lease Drafting
  • Closing and Settlement Services
  • Escrow Agent Services
  • 1031 Exchanges
  • Note, Mortgage, Loan Documentation Drafting
  • Participation Agreements
  • Easements
  • Evictions
  • REO Transactions
  • Development Transactions
  • Construction Transactions & Disputes
  • Real Estate Trusts
  • Real Estate Tax Appeals
  • Zoning
  • Mechanic's Liens
  • CREDITOR'S RIGHTS

  • Loss Mitigation
  • Loan Modifications
  • Workouts and Loan Restructuring
  • Foreclosures
  • Bankruptcy Representation
  • Consumer and Retail Collection
  • Business and Commercial Collection
  • Replevin
  • Auto Recovery
  • Manufacturer/Mobile Home Recovery
  • Receiverships
  •  
  • PROBATE

  • Wills & Trusts
  • Estate Planning
  • Prenuptial Agreements
  • Guardianships
  • Power of Attorney
  • Living Wills
  • Health Care Power of Attorney
  • Probate Estates
  •  
  • BUSINESS LAW

  • Entity Formation
  • Operating Agreements
  • Shareholder Agreements
  • Partnership Agreements
  • Buy-Sell Agreements
  • Confidentiality and Non Disclosure Agreements
  • Independent Contractor Agreements
  • Non-Competition Agreements
  • Severance Agreements
  • Employment Agreements
  • Annual Director/Shareholder Minutes

Representative Clients:

  • Duke Energy
  • US Bank
  • Huntington Bank
  • First Financial Bank
  • Key Bank
  • Fifth Third Bank
  • BB&T Bank
  • Foundation Savings Bank
  • Cheviot Savings Bank
  • United Community Bank
  • Town Square Bank
  • FCN Bank
  • Forcht Bank
  • MainSource Bank
  • Sharefax Credit Union
  • Connexus Credit Union
  • Quicken Loans
  • HCDC
  • National Marketshare
  • Cincinnati Capital Corporation
  • Q2 Business Capital
  • Kentucky Department of Transportation
  • Acme Lock
  • Professional Psychiatric Services

Noteworthy Accomplishments:

  • AV rated by Martindale Hubbell which is their highest possible rating for both legal ability and ethical standards.
  • Certified Specialist in residential, business, commercial and industrial real estate law in Ohio (1 of 3 attorneys so designated in all four of these areas in Ohio).
  • Registered Land Examiner in Hamilton County, Ohio (1 of 12 Attorneys so designated in Hamilton County)
  • Approved 504 Closing Attorney in Ohio and Kentucky for the United States Small Business Administration (1 of 3 Attorneys so designated in Greater Cincinnati area).
  • Title Counsel for Kentucky Department of Transportation (KDOT) for widening of Blue Grass Parkway and other projects (1 of 2 Attorneys so designated in Northern Kentucky area).
  • Expert witness in landmark eviction case of City of Cincinnati vs. Paragon Salon. Author of Amicus Curiae Brief submitted to First Appellate Court of Appeals in landmark title case of Woodward Construction vs. FOR 1031 Summit Wood.
  • Author of 2 Ohio real estate statutes (Ohio Revised Code Sections 5309.41 & 5309.64)
  • Adjunct Professor of Real Estate Law at College of Mount St. Joseph Paralegal Program (1990-1995)
  • Approved Attorney for Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage Corporation (Freddie Mac), Federal National Mortgage Association (Fannie Mae), Federal Deposit Insurance Corporation (FDIC).
  • Approved Closing Agent in 20 states for the United States Marshal’s Service (USMS).
  • Designated counsel for REO for Federal Home Loan Mortgage Corporation (Freddie Mac) in Ohio from 2000 to 2012 when designated counsel program was phased out (1 of 2 attorneys so designated in Ohio)
  • Title Counsel for Duke Energy on sale of 10 power plants for 2.8 billion dollars.
  • Title Counsel for sale of Northgate Mall for 82 million dollars.
  • Special Counsel appointed by City of Lawrenceburg, Indiana to work out/restructure 17 defaulted commercial loans on distressed real estate totaling 15 million dollars.
  • Title agent for six largest title insurance companies in the country.
  • Frequent speaker, panelist, writer, mediator, arbitrator, consultant and expert witness on various real estate/title related cases and matters.
  • Has provided title and closed over 100,000 real estate transactions (and counting…..)