Real Estate Litigation
Real estate transactions are complex and time consuming. When a real estate dispute arises that requires negotiation, mediation, or litigation, Berman Fink Van Horn attorneys offer experienced and skilled real estate litigation and dispute resolution services to a variety of professionals in the industry: brokers, agents, developers, investors, builders, appraisers, lenders, buyers and sellers. We blend preventative advice and counseling with skilled advocacy.
All your real estate litigation needs
Our attorneys offer real-world experience handling and solving real estate disputes. We are well versed in the latest trends and industry news, which we incorporate into our daily client work. We also frequently conduct seminars for real estate clients and professionals in an effort to educate them on ways to avoid disputes, potential claims, and other issues.
When disputes arise, we work aggressively to deliver the most beneficial solution to meet your business needs. This may be through litigation, arbitration, mediation or no-nonsense negotiation. We are conscious of the fact that litigation is costly and does not always offer the best means to resolve a dispute; particularly in a fast-moving industry like real estate, where delay means lost financing, a failed sale or other consequence where damages will not make your business whole.
Our significant real estate litigation experience covers a wide spectrum of legal issues, including:
- Bank loans
- Foreclosure and related litigation
- Fraudulent conveyance claims
- Title insurance claims
- Professional malpractice complaints against real estate professionals
- Counseling of real estate professionals
- Real estate contract disputes
- Landlord/tenant disputes (commercial only)
- Construction related disputes
- Mortgage fraud claims
- Mortgage fraud counseling
- Land use disputes on behalf of developers and homeowners associations
- Adverse possession and prescriptive easements, boundary line and easement disputes and nuisance and trespass claims.
- Real Estate Settlement Procedures Act (“RESPA”) claims
- Fair Housing Act claims
- Truth in Lending Act claims
- Fair Business Practice Act claims
- Civil RICO claims
Why choose us?
When you entrust us with your business matter, you can rest assured our team will treat your company like it is our own. The attorneys handling your case will always keep you up to date, consistently communicating with you and collaborating on creative solutions. Our team is nimble, accessible, and ready to act. And while our rates are competitive, our clients receive white glove service from a senior level attorney — every time.
Contact us to learn more or call one of our business attorneys at 404-261-7711.
Attorneys in this area
BFV client regains property possession in Court of Appeals ruling
Berman Fink Van Horn attorneys William Piercy and Katherine Silverman assisted a property owner in regaining possession of her property after a former tenant refused to vacate and claimed he had become the owner of the property. BFV obtained a ruling that clearly established our client as the legal owner of the property and found the former tenant had no right to continue to occupy the property. The former tenant appealed and the Court of Appeals recently ruled in our client’s favor, solidifying Berman Fink Van Horn’s win for the client.Attorneys involved in this case: William J. Piercy, Katherine M. Silverman
BFV successfully defends seller of luxury property
BFV attorneys Charles Van Horn and Carson Modrall successfully defended the seller of a luxury property that was challenged by his former spouse, in part, on the basis of fraud. The federal court dismissed the former spouse’s lawsuit in its entirety based on arguments raised in BFV’s motion on behalf of the seller.
BFV obtains favorable result in boundary line dispute
BFV recently won a hotly contested dispute concerning the location of the boundary lines separating three residential properties in Buckhead Forest. The original subdivision plat, dated 1923, depicted the dimensions of each lot, but over the years, varying surveys and legal descriptions strayed from those measurements. Neighbors on two sides of BFV’s client then erected fences on what they claimed to be their property, but which BFV’s client understood to be his backyard. When protracted negotiations failed to resolve the dispute, BFV filed suit to establish, once and for all, the location of the boundary lines of the properties at issue. Three different property owners engaged three separate surveyor expert witnesses, who testified to three different sets of property boundary lines. After a hard-fought trial, the Court found that the boundary lines as determined by the surveyor BFV engaged to be the correct and ordered the neighbors to remove their fencing from BFV’s client’s property.Attorneys involved in this case: William J. Piercy
Homeowner prevails in dispute with contractor
A residential contractor sued our client, a homeowner who had hired the contractor to perform renovations on her home. In the initial stages of the lawsuit, the contractor asked the Court to issue a temporary restraining order requiring the homeowner to deposit certain disputed funds with the Court. After a contested hearing, Berman Fink Van Horn was successful in convincing the Court to deny the contractor’s motion, which allowed the client to retain control of the disputed funds.Attorneys involved in this case: Charles H. Van Horn, Katherine M. Silverman
Property foreclosure: Court finds no claims against real estate brokerage firm
A large real estate brokerage firm turned to Berman Fink Van Horn to defend it from a property foreclosure lawsuit. The former owners challenged the way their property was removed from the property after foreclosure. In doing so, they sued their bank, our real estate broker client and others. Berman Fink Van Horn argued the case with a very novel interpretation of Georgia dispossessory law. To our client’s benefit, the Court dismissed all claims against them.Attorneys involved in this case: Charles H. Van Horn
Loan documents prove key in defending financial institution from wrongful foreclosure
We successfully defended a financial institution against claims for wrongful foreclosure. At center stage was Berman Fink Van Horn’s demonstration that our client did not deviate from its loan documents. As such, the Court determined the foreclosure was proper and refused to set aside the foreclosure.Attorneys involved in this case: Charles H. Van Horn