Real Estate and Title Insurance Litigation
Our commercial litigation lawyers have a vast amount of experience in real estate litigation and title insurance litigation. When you buy or sell property, many issues may arise at any stage of the purchase and sale or ownership of your property. The sale may not complete or the sale may be completed but then issues with the property are discovered shortly after the sale closes or many years later. What options exist if the sale does not complete? A buyer or seller who fails to complete the purchase has breached the agreement of purchase and sale. If the buyer breaches the agreement, the seller may sell the property to a new purchaser and sue the previous purchaser for any loss the seller suffered on the sale. Buyers or sellers may also bring an action for specific performance to force the completion of the purchase. Depending on the facts of the case, there may be other options. The personal litigation lawyers at Devry Smith Frank LLP (“DSF”) can help with these issues.
Once the property is transferred, a buyer may discover that the seller misrepresented the property. Common issues in this regard include sellers advising buyers that basements are dry when, in fact, there is a history of mould or moisture issues. A buyer may have recourse against a seller for misrepresentations in these or other circumstances.
Other issues that might arise relate to property title issues. If you discover that there are title issues with respect to your property, or a neighbor is claiming adverse possession over a portion of your property, we can help. We have vast experience representing major title insurance companies and have helped clients with removing work orders from title, dealing with claims for adverse possession, fixing issues on condominium plans, and all natures of title issues.
As a homeowner, you might have the misfortune of realizing one day that someone has registered a mortgage on title to your property without your knowledge or approval. Mortgage fraud does not mean you will lose your property, but removing a fraudulent mortgage from title to your property can be a complicated problem. We can help you with this issue as well as other issues that might arise with your mortgage or with respect to mortgage priority issues.
With respect to real estate litigation and title insurance litigation, the lawyers at DSF are experienced in the following areas:
- Breaches of Agreements of Purchase and Sale;
- Misrepresentations about real estate;
- Title insurance work orders or other title deficiencies;
- Boundary issues;
- Conveyancing errors;
- Survey errors;
- Commercial lease issues;
- Commercial landlord and tenant issues;
- Lease defaults and collections;
- Mortgage enforcement
- Mortgage fraud;
- Mortgage priorities;
- Lending and financing disputes; and
- Disputes with condominium boards.