Litigation of Real Estate Disputes
Neither buyers nor sellers of real estate desire to engage in litigation to settle disputes. However, real estate litigation is a common occurrence. Minchella & Associates has over thirty-five years of experience in litigation including, among others, foreclosure defense, partition suits, failure to disclose and suits to quiet title. For a free consultation regarding your case, contact our firm.
Types of Real Estate Litigation
M&A has extensive experience in a wide variety of real estate litigation. These include, but are not limited to:
Failure to Properly Disclose Litigation
The seller of a piece of real estate has an obligation to disclose defects in the property before the sale. If she/he does not disclose the defect, she/he may be liable to repair the defect. This applies whether the property is a single-family home, multi-use property or condominium.
Consumer fraud/Home Repair & Remodeling Act
If the seller of property makes a false statement about the condition of the property they are selling, they may face a suit for fraud. Fraud is generally a charge brought when a Seller knowingly misstated the condition of a property. If the Seller is a business, they may be charged with Consumer Fraud and have additional penalties under the Illinois Consumer Fraud Act (ICFA). If a remodeler does not comply with the Home Repair and Remodeling Act, they can be held liable under the ICFA and owe penalties and attorneys’ fees.
Suit to Quiet Title
When the title to a property does not properly reflect the current ownership, or it is not clear from the chain of title how the person claiming to be in title got in title, the matter needs to be resolved by a Quiet Title Action.
Partition involves dividing up real estate owned by partners where the parties cannot agree whether the property should be sold and if sold, how the proceeds should be distributed. This often occurs where partners to a piece of property or an investment have a falling out resulting in their desire not to own the property jointly any further.
“The Benefit of Effective Litigation”
Minchella & Associates represented client Patti E. Patti and her husband owned a home with a barn and horses. Patti used the horses to give rides to autistic children. Patti and her lender entered into a modification of her loan. However, the lender sold the loan and the subsequent holder of the loan refused to honor the modification. The new lender then foreclosed on the home. Patti didn’t contact Erica until after the sheriff’s sale of the property. Erica successfully defended against the eviction to prevent the horses from being moved during the winter and then negotiated for a settlement for resolution of the foreclosure which kept Patti in the property for two years after the sheriff’s sale.
“There are not enough words or time to tell about Erica Minchella. Her knowledge of the law is superb...and that is just the beginning. Honest, tenacious and a great heart. Somethings not many have. She was able to help us when other lawyers had no idea of what to do or just told us to give up. She found answers, believed in us and in the end fought for justice. She is always someone we can rely on to do the right thing. We have had her handle not only our particular situation but also helped other family members. She did it with integrity professionalism and most of all she cares about her clients. We highly recommend this law firm to any and all.”
Client Patti E.