LITIGATION DEPARTMENT OF THE YEAR - Mid-Size Firm  ALM's Daily Report   2017 - 2016 - 2014

Real Estate and Financial Services

Experienced Attorneys for Real Estate Disputes

Weinberg Wheeler Hudgins Gunn & Dial's Real Estate Litigation Practice Group has handled a wide variety of real estate and real estate-related litigation throughout the country. We provide counsel and representation to all players in the real estate industry, including, sellers, purchasers, owners, lenders, property managers, and tenants a broad range of real estate litigation matters.

The Real Estate Litigation Group’s cases have included:

  • Serving as the national outside deficiency counsel for the nation’s largest special servicer of commercial mortgaged-backed securities, overseeing the pursuit and collection of deficiency claims.
  • Serving as primary counsel and advisor to a national property management company in a variety of matters, including matters in which the property manager has been designated as a court-appointed receiver for distressed assets.
  • Negotiated a favorable settlement to a highly contested dispute regarding ownership rights to Underground Atlanta.
  • Negotiating and litigating commercial and residential leases.
  • Resolving nuisance, trespass and environmental claims.
  • Negotiating and litigating real estate sales contracts.
  • Filing or obtaining dismissals of lis pendens, tax liens, materialmen’s liens and other encumbrances upon real property.
  • Litigating suits to quiet title to real property.
  • Litigating and pursuing deficiency judgments arising from foreclosures and similar defaults by borrowers and guarantors.
  • Litigating commercial and residential evictions and distress proceedings.

Recent Real Estate Litigation Cases

  • Obtained summary judgment on a quantum meruit and “procuring cause” claim brought by a real estate broker who allegedly procured a lease for the benefit of the client and its predecessor in interest.
  • Obtained summary judgment for a lender and its special servicer on fraud, breach of contract, and quasi-contractual claims based on the borrower’s contention that the clients induced the borrower to default on its mortgage.
  • Obtained a directed verdict for a real estate developer in a landlord-tenant dispute; the tenant sought over $400,000 in compensatory and punitive damages on claims of trespass and conversion of personal property.
  • Prevailed on a suit to cancel a lis pendens improperly filed by a disbursing agent for a corporate debtor in a Chapter 11 bankruptcy proceeding.
  • Obtained summary judgment in favor of a real estate developer on a material supplier’s claims to collect on a bond issued to dissolve a materialman’s lien.
  • Negotiated a favorable resolution on behalf of a purchaser against charges of willful breach of a residential real estate contract.
  • Settled scores of real estate related "Lender Liability" cases across the country.
  • Negotiated a favorable settlement for a relocation company against claims that it knowingly failed to disclose defects in a residential property.
  • Negotiated a favorable resolution of a quiet title action involving commercial property.
  • Negotiated scores of settlements in commercial eviction and distress proceedings.

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