Seasoned litigator Garth Gavenda is an attorney with Anastasi Jellum, P.A. As head of the firm’s complex litigation team, Garth practices primarily in the areas of:
- Litigation: Banking, Business, and Real Estate
- Creditors' Rights in Government Guaranteed Loans
- Construction Law
- Creditors' Rights and Bankruptcy
With years of extensive experience, Garth takes a pragmatic approach to the practice of law, steering clients toward resolution while minimizing overall risk. He has built a strong reputation among lending institutions throughout Minnesota and Wisconsin, counting more than 65 local lending institutions as clients. Garth was selected for inclusion in Super Lawyers® – Rising Stars, 2004-2006 and 2010 Editions.
Garth and the entire team at Anastasi Jellum are committed to providing exceptional service and results. Clients receive experienced representation at fees that are significantly lower than those incurred at “downtown” law firms, as well as offering other flat fee programs to provide clients with cost certainty.
Financial Institution Litigation.
Garth has extensive experience representing lending institutions on commercial and retail loans, real estate issues, and disputes. In this area of law, he regularly represents lending institutions in litigation involving:
- Enforcement of loan documents
- Mortgage foreclosures
- Assertion of rights to accounts receivable
- Collection upon judgments
- Defense of claims and counterclaims brought by borrowers, guarantors, and third parties seeking to prevent or overturn foreclosures
- Claims under the Truth in Lending Act (TILA), the Fair Debt Collection Practices Act (FDCPA), and under other state and federal claims
Garth also works in the area of Creditors' Rights and remedies to enforce the rights of the firm’s clients as creditors in bankruptcies.
Real Estate Litigation.
Garth has an equally active real estate practice, where he represents financial institutions in real estate matters involving residential and commercial real estate. These matters often include resolving title and priority disputes, commencement and foreclosure of mechanic’s and construction liens, landlord/tenant disputes and evictions. He has significant experience handling direct actions and counterclaims arising under the Real Estate Settlement Procedures Act (RESPA), Minnesota’s Equity Stripping laws, and a number of attempts by mortgagors to evade or stall foreclosures, regularly defending against claims that borrowers obtained a modification of their obligations set forth in their mortgages.
Garth also represents small business clients in complex commercial litigation, including shareholder disputes, claims for breach of fiduciary duty, forced liquidation and dissolution, and other business disputes. He works closely with our clients to identify pragmatic solutions or successfully litigate their rights.
Pursuing the rights of lending institutions often leads to borrowers, guarantors, and other parties availing themselves of bankruptcy protection. Garth works with our clients to protect and assert their rights in both Minnesota and Wisconsin bankruptcy courts, including seeking relief from the automatic stay, defending against preference claims, adversary proceedings, and advising our clients how their rights are impacted by Chapter 7, 11, 12, and 13 bankruptcies.
Born in Dallas, Texas, and raised in Glenwood, Minnesota, Garth now resides in St. Paul. Prior to joining the firm in 2006, Garth practiced with another Minnesota law firm where he represented both plaintiffs and defendants in business litigation matters. In 2011, Garth became a shareholder. Garth volunteers for Community Thread, which is a regional volunteer center designed to connect people with service opportunities, and serves on the 2nd Judicial District Ethics Committee. He enjoys traveling, hunting, snow skiing, and getting to the gym in his free time.
- University of Minnesota – Morris, B.A., Political Science and Speech Communication, 1998
- William Mitchell College of Law, J.D., 2001
- Minnesota, 2001
- Wisconsin, 2010
- U.S. Federal District Court, District of Minnesota, 2002
- U.S. Federal District Court, Eastern District of Wisconsin, 2011
- U.S. Federal District Court, Western District of Wisconsin, 2011
- Minnesota State Bar Association (MSBA) (Member, 2001 – Present)
- Ramsey County Bar Association (RCBA) (Member, 2001 – Present; serves on 2nd Judicial District Ethics Committee, 2012-Present)
- Hennepin County Bar Association (HCBA) (Member, 2001 – Present)
- Washington County Bar Association (WCBA) (Member, 2011 – Present)
- Community Thread (Volunteer, 2009 – Present)
- Leadership St. Paul (Honors Graduate, Class of 2004 – 2005)
- Super Lawyers®, Rising Star, 2004-2006, 2010 Editions
- Dean’s List, University of Minnesota – Morris (1996, 1997, 1998)
- C.A.L.I. Award for Excellence: Property II & No-Fault Insurance
- 21st Century Scholarship, William Mitchell College of Law (1998 – 2001)