Real Estate Litigation
Real estate litigation is a complicated area of law, subject to numerous technical rules. The parties involved in a real estate dispute benefit from working with an attorney with both real estate and construction experience.
At the Sherman Oaks law office of The Horowitz Law Firm, our legal team represents clients in all areas of real estate litigation. Lead attorney Jeffrey Horowitz has more than 20 years of experience in real estate litigation, from the initiation of a legal action to the final disposition. He is skilled at resolving real estate disputes through negotiation, mediation, arbitration and litigation.
Contact the Sherman Oaks real estate law office of The Horowitz Law Firm.
California Real Estate Litigation Cases We Handle
Real estate contract disputes: Our firm represents buyers and sellers in contract disputes, and purchase and sale agreement disputes involving failure to disclose known problems, earnest money or deposit issues. We represent parties in disputes with realtors and real estate brokers involving breach of contract, disclosure problems and other issues.
Boundary disputes, adverse possession and quiet title actions: Boundary issues can relate to encroachments, tree disputes, and the location of walls and fences. In boundary disputes, it is important for the owner to obtain a survey. Our firm can assist you in finding a licensed land surveyor.
Our skilled Los Angeles boundary dispute attorneys can then seek temporary restraining orders or injunctions and can represent you in court.
California law allows a party to file a quiet title lawsuit for ownership of land if that person or entity has been openly using the land and paying taxes on it for five years. Other remedies in boundary dispute cases may involve easements or the equitable balancing of rights.
Easements: There are several types of easements: ingress or egress, prescriptive easements, easements for necessity. An easement allows the easement owner to use someone else’s property in a limited and defined manner.
Common easement disputes relate to creation and termination of easements, and the rights and duties of the respective parties.
Partition actions: If a property is owned by multiple parties, it may be difficult to agree on property use or disposition. Our firm assists clients by filing a partition lawsuit that can result in the property being divided or the property being sold and the proceeds being distributed among the owners.
In California, the person who files a successful partition lawsuit has a right to receive some of his/her attorneys’ fees incurred in bringing the partition action.
Lis pendens: In California, a lis pendens can be recorded when a lawsuit is filed relating to a real property claim. This will cloud the title of property and may help to prevent it from being sold while litigation is pending or the dispute is being resolved.
Our firm can assist you in with recording a lis pendens with the county recorder’s office, when appropriate.
Ownership/title disputes: We help people bring claims against title insurance companies when there is a problem with title. We also assist silent owner wishing to sell a property or otherwise assert their rights to a property.
These disputes frequently deal with the legal remedies of resulting trust and constructive trust.
Foreclosure assistance: We assist parties in filing civil lawsuits to recover money owed on property when a note defaults. We provide trust deed foreclosure assistance as well as a filing for judicial foreclosure.
The holder of a deed of trust should be aware that while a judicial foreclosure will cost more and can take a year or longer to get to court, the deed holder can obtain the amount of deficiency as long as their interest was not used as a purchase money note.
In a trustee sale, the note holder may not be able to recover the full amount owed.
Other real estate issues:
- Nuisance and trespass
- Tree law, including tree ownership, overhanging branches, trimming issues, encroaching roots
- Real estate fraud
- Lease disputes
- Appeals of real estate lawsuits
Contact Our Sherman Oaks Quiet Title Lawsuit Attorneys
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