Representative Cases: Real Estate Litigation
The following are some representative examples of our successful real estate litigation experience:
Obtained an injunction against Countrywide Home Loans (now Bank of America) to stop a trustee's sale on a construction loan project where there were forged draw requests.
Won summary judgment in favor of client who received title to real property via a deed from estate where the sole beneficiary was foreclosed under a real property tax lien.
Established, in court, the principle that an estate could redeem under the Arizona tax foreclosure statutes even though the beneficiary was foreclosed. Received a full award of all costs and attorney fees. This was a claim under a title insurance policy.
Defended a real estate broker and agent in a lawsuit in which the buyer of a new, semi-custom residential property claimed that the broker misrepresented the impact of a provision in the real estate contract which prohibited immediate re-sale of the property. We obtained a favorable settlement for our client.
Defended a real estate agent who was accused of fraud in a dual agency transaction involving the purchase and sale of a high-end residential property. The escrow company that closed the transaction and the lender were also involved in the lawsuit. We obtained a favorable settlement for our client.
Defended a landowner who split his property into a number of parcels in violation of Arizona's subdivision statutes.
Represented a contractor in a dispute with a buyer over construction standards regarding a high-end custom home in a complaint and hearing before the Arizona Registrar of Contractors. Our client was completely vindicated.
Served as lead counsel in a precedent-setting Arizona case regarding the effect on subsequent lienholders of a dragnet clause in a deed of trust. Our Tucson real estate law firm handled the case from beginning to end, including filing the complaint, preparing discovery, serving as trial counsel, and filing and arguing the appeal.
Defended a contractor in a Registrar of Contractors proceeding filed by the buyer of a high-end custom home. Our client was completely vindicated.
Litigated the constitutionality of a Pima County zoning ordinance. The ordinance was declared unconstitutional.
Represented a client in preparing documents needed to foreclose tax liens for approximately 900 lots in various Pima County subdivisions. Our Tucson real estate attorneys prepared the necessary contracts and closing documents and resolved various title problems to successfully acquire title for our client.
Served as counsel for a client whose custom-built $1.2 million home was left unfinished by the contractor. After a hearing, the administrative law judge in the case ordered restitution to the client and requested additional remedial work for the client's home, with which the contractor complied.
Represented a homeowner in a rescission action regarding a $410,000 house with unknown, hidden structural defects. We succeeded in getting the contract rescinded. The trial jury found in favor of our client and awarded a nearly $1 million rescission judgment against the seller, a major multibillion-dollar real estate conglomerate. Our client was able to deed the house back to the seller, pay off the mortgage and receive the balance of the award as damages. Our firm prepared the pleadings, trial documents and post-trial motions; led the case on appeal; and oversaw the seller's repurchase of the property.
Took over the defense of a sanitary district and settled the case after prior counsel had litigated it for nearly 20 years. Our firm coordinated with the Rural Development Administration to refinance a sewer plant, coordinated settlement documents and escrow instructions and reevaluated damages.
Represented a civil engineering firm in a malpractice action filed by a disgruntled client. We succeeded in obtaining both a finding of no liability on the malpractice claim and an award of all of the client's unpaid bills for the project, plus attorneys' fees.
Represented a client whose property was impaired by Pima County's alteration and expansion of a nearby drainage way. Our client received a verdict which paid her for the county's exercise of eminent domain and, with interest, totaled nearly $100,000.
Represented the buyer of a mobile home park in a negligent misrepresentation claim. Our client received a $2 million settlement and the seller took back the mobile home park.
Represented construction lenders in a federal bankruptcy court proceeding after the builders of a real estate project filed for bankruptcy. The borrowers alleged faulty documents and improper lien priority, and attempted to avoid the lien. We settled the dispute after preparing the case for trial, resulting in an award of property and incurred fees to our client.