Real Estate and Title Claims

REAL ESTATE AND TITLE CLAIMS

Real estate and title disputes cost time and money and can be disruptive to ongoing business. Litchfield Cavo LLP attorneys protect the interests of institutional and private owners, investors, developers, lenders and title insurance companies in state and federal courts. Our defense attorneys’ real estate and title knowledge is grounded in decades of representing professionals in claims arising out of both residential and commercial real estate practices.

Our attorneys combine their experience to form a powerful adversary against the real estate and title claims such as:

Commercial, industrial and retail lease disputes
Easement, boundary and title disputes
Eminent domain and condemnation issues and claims
Errors and omissions
Foreclosure litigation
Land use and development, including permits and variance

Mechanics liens and stop notices
Property insurance coverage disputes
Property rights issues
Real property purchase and option agreements
Title insurance disputes
Validity and priority of liens

Real Estate and Title Matters

Our attorneys have extensive experience representing title insurers, insured purchasers, lender and closing agents in all matters concerning title insurance coverage and claims litigation, including:

Acquisition and sales contract litigation
Boundary disputes
Complex financing transactions
Easement and access disputes
Escrow claims

Quiet title actions
Title defect litigation
Title claim investigation
Title conveyance issues
Title irregularities

Our Real Estate and Title Defense Record

Massachusetts Appeals Court affirmed the dismissal of a complaint by a commercial tenant against our real estate investment firm and hospitality management company client for personal injuries and damages arising from the plaintiff’s purported exposure to mold; the Court affirmed the underlying basis for plaintiff’s expert opinions did not meet reliability requirements.
Successfully defended an emergency preliminary injunction requested by a private airplane pilot against an airport authority to force the airport authority to extend his property lease for hangar space.
Obtained a $2.15 million judgment on behalf of an FSB client for fraud against a mortgage broker, its principal, a real estate appraiser and other parties on residential mortgage loans that client underwrote, approved and funded.
Successfully represented a natural gas company in an action brought by property owners to have a prior mineral rights lease deemed forfeited; established that the landowners failed to follow the necessary statutory notice requirements in advance of filing an affidavit of forfeiture with the county.
Prevailed in Magistrate District Court on behalf of real estate company client sued by a home buyer for the alleged failure to disclose a stayed foreclosure during their real estate transaction; the Court held that our client’s conduct during negotiations did not serve to create a likelihood of confusion or misunderstanding, and our attorney prevailed with a favorable verdict.