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 and Financial Service Practice Group has handled a wide variety of real estate and commercial lending matters throughout the country. We provide counsel and representation to all players in the real estate and financing industry, including, sellers, purchasers, owners, lenders, property managers, and tenants across a broad range of matters.

The Real Estate and Financial Service Group’s cases have included:

  • Represents leaders and servicers in commercial foreclosures.
  • 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.
  • Drafting, negotiating and litigating commercial and residential leases.
  • Resolving nuisance, trespass and environmental claims.
  • Drafting, 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 commercial and residential evictions and distress proceedings.
  • Represents developers in the negotiation of commercial loans. 

Recent Real Estate Litigation Cases

  • 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.
  • Successfully argued against the demolition of a multi-family property allowing the client the opportunity to save the project. 
  • Obtained summary judgment on multiple contested foreclosure suits throughout Florida.  

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