The issues surrounding real estate litigation often encompass a broad range of legal topics and conflicts. Real estate transactions involve many different laws, policies and legal rights. The intent of real estate litigation is to resolve these disputes using substantive law and specific court procedural law. Often the most contested issue in a real estate dispute is the exact meaning of the contract involved. It is the contract that governs the conditions and terms of the sale, development, construction or lease of the property concerned and its use. Generally, real estate lawsuits will conclude with damages being awarded to one party from the other. This is why it is best to consult Marc M. Coupey before drafting, entering into, or litigating an agreement involving property. Not obtaining proper representation will only increase unnecessary costs down the road.
Other Common Real Estate Litigation Issues
In addition to contract disputes, common real estate litigation issues include insurance coverage, implied warranties, penalty clauses, foreclosures, mortgage disputes and defaults. One of the most litigated issues these days, however, is foreclosure. By filing a claim against or counterclaiming against a lender, one may be able to prevent or defeat collections or foreclosure. Common defenses to foreclosure or collection actions include bringing to the court’s attention unconscionable terms of the mortgage, or the lenders’ failure to follow mandatory procedures designed to protect the borrower. It may also be that a borrower was coerced into an unaffordable balloon payment or the like. Borrowers are generally protected against such unfair lending practices by both State and Federal law. It is important to review all applicable laws and defenses before entering into or contesting a mortgage in court.
Legal Support for Real Estate Disputes
As a commercial attorney focusing on real estate law, Marc M. Coupey Law, PLLC can help clients in real estate disputes concerning property damage, insurance disputes, fraud, non-disclosure, foreclosure, broker disputes, neighbor disputes and mortgage disputes. Sometimes the government attempts to enforce strict laws against property owners and developers dictating what they can and cannot do on their own property. Marc M. Coupey Law, PLLC can help when this happens. If your property is damaged by a neighboring development, attorney Marc M. Coupey can help ensure that you receive fair compensation, or protect you from unfair claims brought by a neighbor against your development project. Similarly, if the dispute relates to boundaries, fences, or construction, the firm can help you resolve such issues.