Our founder, Steven Schwartz, has deep experience representing banks, title insurance companies and regular everyday people in real estate litigation cases. Most often, we find our real estate litigation cases involve the following types of claims:
Defects in the title. Mr. Schwartz has represented title insurance companies and landowners in litigation concerning defects in chains of title. A defect in the chain of title is a problem that results in the owner not having a good, clean title to the land. This problem could be a judgment against a former owner of the property that was not satisfied or a deed to another person-years in the past. Mr. Schwartz has experience litigating title defect issues in order to obtain a clean title for his clients.
Deed restrictions. Mr. Schwartz has represented homeowners as well as homeowners’ associations in enforcing and defending lawsuits involving deed restrictions. A deed restriction is a covenant or promise that is part of the deed to the land. It most often is a promise not to take action to use the property for a particular purpose, or to build upon the land in a manner that is inconsistent with the purpose of development. For example, residential development may have deed restrictions banning commercial buildings. If one of the residents decided to turn his home into an office complex, the homeowners’ association may sue for an injunction, a court order blocking the non-permissive use.
Foreclosure. Mr. Schwartz has represented both sides in mortgage foreclosure actions. A foreclosure is where the holder of a mortgage seeks title to the real estate in order to sell it to pay off the unpaid loan on the property.
Injuries that occur due to defects in real estate. Mr. Schwartz has litigated many premises liability cases. In one recent case, he prosecuted a personal injury claim through trial and secured a verdict in excess of three hundred thousand dollars for his client.
Mr. Schwartz’s representative real estate cases include:
The Reserves Development Corporation v. 30 Lots, LLC, C.A. No. 4144-CC (Del.Ch. July 2, 2010). Secured an order directing the defendant bank to place $1.16 Million in trust to cover anticipated damages awards.
Midland Grange No. 27 v. Rosalie Walls, C.A. No. 2155-VCN (Del.Ch. Feb. 28, 2008). Successfully defended the purchaser of real property where a dispute arose as to whether the sale was proper.
Jackson’s Ridge Homeowner’s Association v. May, C.A. No. 2043-VCN (Del.Ch. Nov. 20, 2007). Secured a permanent injunction on behalf of a homeowner association, enforcing deed restriction prohibiting a business in a residential neighborhood.
If you would like to speak to Mr. Schwartz about your real estate litigation matter, please contact us.