Real Estate Litigation and Title Disputes

Real Estate Litigation

Goldberg Segalla offers a full range of real estate litigation services to help property owners, developers, lessees, and lessors protect their interests and advance their goals in today’s volatile real estate market.

Our experienced real estate and title attorneys counsel clients in the use and sale of real property, real estate acquisitions, and structured real estate financing. We represent clients in disputes, and have significant experience with multi-state real estate litigation as well as matters such as litigating complex consumer finance claims on behalf of banks, mortgage lenders and mortgage services. Large developers count on our commercial real estate lawyers to represent them in land use claims, including disputes touching on the full spectrum of concerns related to transactional and environmental due diligence.

Title Disputes

Goldberg Segalla represents insurance companies, their insured owners and lenders to protect the validity of title. Attorneys on our Real Estate Litigation and Title Disputes team have experience handling matters up to circumstances where seven-, eight-, and nine-figure title disputes are at issue, including but not limited to matters relating to deed theft, fraudulent inducement, forgery, adverse possession, boundary line disputes, and challenges to lien priority.

Our practice includes:

Title and priority issue litigation concerning property line disputes, mechanic’s liens, easements, notices of pendency, and adverse possession claims
Reviewing title reports and clearing title exceptions
Mortgage fraud, fraudulent real estate conveyances, and forgeries
Lender underwriting procedures and title agent’s due diligence
Coverage investigation, response, recoupment, and litigation
Expert opinions in bad faith litigation
Equity analysis surrounding mortgages, property liens, and subrogation
Advising on commercial and residential defaults and mortgage disputes
Bankruptcy proceedings involving motions to lift stays and adversary proceedings
Tax proceedings and representing municipalities
In rem tax proceedings and foreclosure sales
Lease disputes
Representing developers and property owners in actions concerning land use and zoning
Lobbying efforts to resolve issues with prior governmental properties

Experience Highlights

Successfully represented a client who had fraudulent UCC statements filed against property it purchased in a foreclosure sale by the former owners of the property. We discovered the perpetrators were part of a criminal ring that were using fraudulent UCC filings and fraudulent deeds to torment other property owners. We met with the Kings County DA’s office and shared the information to prevent the perpetrators from using their criminal scheme against other innocent property owners.
Substituted in as counsel in a tax certiorari proceeding involving a major hotel chain whose property in Albany was significantly overtaxed by the city. After we started handling the proceeding in year three, we were able to negotiate a favorable settlement that saved our client $13.6 million in assessed value. Our client also received a refund of $679,000.
Represented an attorney who was sued for having served as the buyer’s counsel in an alleged fraudulent sale of a building. We were able to establish that the plaintiff, who claimed to be the heir of the former owner, had failed to disclose to the court that the decedent’s final will cut out the plaintiff. Through developing that record, we were able to persuade the court to dismiss the case for lack of standing. Simultaneously, through authorities we cited to the plaintiff’s counsel and in our conversations with the plaintiff’s counsel, we were able to convince the plaintiff’s counsel not to include our client as a defendant.
Represented a national mortgage company/major housing lender with a claim in the Western District of North Carolina. We filed a 12b6 motion to dismiss arguing that Plaintiff had no standing to file a RESPA claim, and that Fannie Mae, had no liability under RESPA as it was not considered as “servicer.” Further, we argued Fannie Mae was not a “lender” within the context of TILA, and argued the quiet title action was moot. We submitted a disclaimer of interest which resulted in the plaintiff voluntarily dropping her claim against the major housing lender.
Represented a major housing lender with a claim stemming from a Superior Court foreclosure action in the U.S. District Court for the District of Connecticut. We filed a motion to dismiss and argued that the complaint was improperly served, that plaintiff’s claims were barred under the theory of non-mutual collateral estoppel, and that plaintiff’s claim was barred under the Rooker Feldman Doctrine. The court agreed and granted our motion and required plaintiff to show cause why she should be able to bring any new causes of action related to the foreclosure in the District Court of Connecticut.
Assisted a major housing lender with a housing code violation, reducing the proposed fine by more than one third the original amount.
Represented the purchaser of real property in quiet title action brought by holders of right of first refusal and, was primary drafter of briefs and handled oral argument at Court of Appeals.
Represented one of three title insurance companies in an action for recovery of damages for inappropriate charges for notarial fees in numerous real estate closings and assisted in drafting of briefs during the appeals process.
Represented one the largest supermarket chains in the United States in a dispute with the owner of automatic blood pressure machines that were primarily located in the pharmacy area of our client stores. We worked with counsel in Idaho to commence a commercial litigation matter there, prior to NYBP commencing an action in New York State the following day. This tactical move to strike first and obtain jurisdiction placed our client in the driver’s seat, helping to facilitate a favorable settlement for a third of the nearly $1 million sought by the plaintiff.