Category Archives: Real Estate

REAL ESTATE   Resolved dispute between property owner and sign company alleging trespass.   Resolved dispute between property owner and tenant relating to lease of lakeside residence, payment and return of earnest money, and restrictions on use of property.   Resolved dispute between property owner, adjacent property owner, and dock company involving claims of negligence […]

Real Estate

Resolved claims alleging fraudulent transfers of real estate under Uniform Voidable Transactions Act

Real Property

Resolved claims by commercial lessor against affiliated entities and individuals of bankrupt lessee alleging fraudulent transfers and pricing of corporate work.

Financial Institutions

Orchestrated resolution of complex restructuring of commercial properties among owners, lenders, guarantors, and loan services.

Real Estate

Resolved claims by landlord for breach of lease and consequential damages alleging anchor tenant’s departure necessitated expensive redevelopment of mall.

Real Estate

Resolved claims between farming organization and landowner related to various farmland and equipment agreements, including claims that soil was depleted through improper fertilization over term of lease.

Real Estate

Resolved dispute between homeowners and lakefront resort regarding claims that loud music interfered with sleeping and other enjoyment of their properties.

Real Estate

Mediated claims between buyer and seller of industrial property as to who is responsible for environmental remediation.

Real Estate

Dispute between lender and title insurance company related to discrepancies between the grantor/grantee and mortgagor/mortgagee indexes and who has a priority interest in multiple properties

Environmental

Resolved claim by landowner/developer that contamination from gasoline spill at neighboring gas station created stigma that prevented lots in subdivision from being sold.

Real Estate

Mediated claims between buyer and seller of industrial property as to who is responsible for environmental remediation.

Financial Institutions — Foreclosures

Resolved dispute alleging bad faith due to foreclosure on high-equity property in which alternative payment plan had been approved.

Real Estate

Resolved dispute among owners of 2400 acre parcel regarding highest and best use of property.

Real Estate — Fraud

Suit involving loss of funds to build luxury home paid to builder who subsequently went out of business before building home

Real Estate

Resolved dispute involving competing liens on large housing development project.

Real Estate

Resolved zoning and other issues involving 250 acre land contract and development project

Real Estate (Zoning)

A purchaser buys a multiple family building for rental purposes. There are several zoning violations that were not disclosed at the closing or during the purchase negotiations

Real Estate (Mortgage Fraud)

Resolved case brought by mortgage lender alleging “double-HUD” fraud scheme that led to significant losses on numerous loans.

Real Estate

Dispute over alleged concealment of defects in house sale transaction.

Real Estate

Allegations of fraud and breach of fiduciary duty by realtor.

Real Estate

Allegations of fraud and deceptive practices against broker and real estate agency.

Real Estate

Dispute over terms of 25 year lease on restaurant building.

Real Estate

Dispute over whether wooded “common area” should be turned over to homeowners’ association or be used for commercial use by developer.

Real Estate

Dispute over alleged breach of purchase agreement on 200 acres for planned housing development due to unanticipated clean up costs for environmental contamination.

Real Estate

Dispute involving financial institution that foreclosed and resold real property only to find out if could not obtain clear title due to previous tax sale of property.

Real Estate

Resolved disputes among members of a large homeowners association, including allegations of fraud and voting irregularities.

Real Estate (Foreclosure)

In a wrongful foreclosure case the plaintiff alleges an increase in interest charges from a refinancing that would not have been required but for the foreclosure action being filed. The plaintiff also alleges damages to her reputation and lost profit damages. The property is bundled with several others in a refinancing package and the entire […]

Real Estate (Flood Plain)

The plaintiff’s home is built in a subdivision located in a marginal flood area. The home floods twice in a six-month period. Insurance has fully covered the two losses prior to the mediation. The surveyor is sued for negligence. The developer is sued for fraud in the inducement concerning the lot sale. The broker is […]

Real Estate (Eviction)

A benevolent foundation is evicted from the parish church in which it was founded. This is an emotional disagreement over fundamental views of the foundation and how they are in conflict with the views of a rather fundamentalist church. The eviction is resisted with a counterclaim for RICO.

Real Estate (Condemnation)

A business owner claims that the public taking of parking and an access to an extremely busy intersection resulted in the necessity for the business to move location. The business had thrived in the old location for over 42 years. Moving expenses and loss of goodwill are requested in addition to the customary real estate […]

Real Estate (Condemnation)

Partial condemnation of a commercial building is the subject of a multiple day session. The city is condemning a part of the land that has an abandoned underground storage tank that needs to be remediated. The parties agree to submit the issue to a neutral third party appraiser since their experts are so diametrically opposed.

Real Estate (Broker Fee)

Broker sues his landowner for development or construction management fees and for broker fees for lease on the same property pursuant to oral agreement or industry standards.

Commercial Disputes (Real Estate)

Resolved claims & counterclaims related to termination of significant commercial (case based on failure of lessor to name lesser as an additional insured.)

Real Estate

Mediated dispute among partners in dissolving real estate joint venture with hundreds of millions of dollars in real estate holdings