We handle a variety of Real Estate Transactions, and litigation from inception through to trial.
Real Estate Law
We handle a variety of Real Estate Transactions, and litigation from inception through to trial. Some of the practice areas include:
Real Estate Litigation
Partition Action
When two or more people or entities own a real property together, the property can only be sold if all the owners agree. However, when one party wishes to sell, and one or more others do not, a Partition Action may be filed. The remedies in a Partition Action include partitioning (dividing up the real property) equitably among the owners, if that is feasible or ordering the real property sold (which is the most likely outcome in a city / urban property ownership arrangement. We can represent you in helping to resolve these complicated matters when one party wants to sell and another does not.
Title Issues
Real Property ownership is usually determined by the filing of Deeds with the local County Recorder’s office. The legal sufficiency of these deeds are taken at face value (as long as the deed is properly formatted) to be valid. However, the laws of real property ownership are complex and their can by many factors that lead to legitimizing a clean chain-of-title, which includes, but is not limited to family law matters, estate planning matters, capacity issues, and title by adverse possession. When there is a Title Dispute, it can only be resolved by a court of law. We can represent you in helping to resolve these complicated matters when there is a dispute as to who actually owns a piece of real property.
Commercial Unlawful Detainer
Commercial Lease Agreements can be complicated and last for years or decades. These agreements are further complicated by the fact that they are closely related to a business that has significant investment by the leasee. So, the nature of these agreements often feel more like an investment or long term ownership, then the nature of a residential lease (which are often straight forward). When a lease fails to pay the lease payments, violates the lease agreement, or the real property owners violates the lease in some way, a dispute can become very complicated to resolve and Unlawful Detainer issues become significantly more complex then in a residential lease. We can represent you in helping to resolve these complicated matters when a dispute arises related to a breach of a lease agreement.
Contract Disputes
Often may business deals or arrangements are closely related to the possession, ownership, or control of real property. Agreements may have long lasting impact on real property, so these disputes may be complicated. We can represent you in helping to resolve these complicated matters when there is a disputes arising from a breach of contract.
Real Estate Transactions
Residential / Commercial Lease Agreements
Many residential and commercial lease agreements are provided by Real Estate Associations that real property owners belong too. These agreements can range from pro-landlord to pro-tenant. However, to understand these agreements, and which ones are appropriate to you, may require legal advice. Also, if you want to make modifications to the agreement to fit your unique circumstances, you may need legal advice. We can represent you in helping to draft or review your lease agreement before (which is better) or after you have entered into it.
Seller Carry Back Loans
A seller carry back loan is when a seller of real property operates as lender for the purchaser and carries a mortgage on the property. The buyer then pays the former owner according to the terms of the loan, in a similar manner as a buyer would pay a bank. A seller may need the assistance of an attorney to properly structure these loans, as the laws that regulate lending, security, and real property are completed. We can represent you in helping to draft your loan, so that your interest can be protected.
Private Mortgage Loan Agreements
This is when a private person or entity (not a bank) operates as lender to an owner of real property. The real property owner then pays the private lender according to the terms of the loan, in a similar manner as a real property owner would pay a bank. A private lender may need the assistance of an attorney to properly structure these loans, as the laws that regulate lending, security, and real property are completed. We can represent you in helping to draft your loan, so that your interest can be protected.
Deed of Trust
This is a document associated with a real property loan that is filed with the local County Recorder’s Office, which evidence’s the mortgage (or the secured interest) a lender has against a piece of real property. This gives notices to all other potential buyers or lenders against that piece of real property that the lenders as a secured interest against the real property and what their rights are. If a Deed of Trust is not properly formatted and filed, a lender may lose their priority in repayment in case of default against another subsequent lender. We can represent you in helping to Deed of Trust so your loan, so that your loan can property secured against real property.
Contracts
Often may business deals or arrangements are closely related to the possession, ownership, or control of real property. Agreements may have long lasting impact on real property, so these disputes may be complicated. We can represent you in helping to draft your agreements, so that you have clearly stated rights and responsibilities and help avoid unnecessary disputes.
Free Consultation
We will review your case and get back to you with a customized evaluation. Any information you share with us is confidential.