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  • Writer's pictureC.Benjamin Esq

Real Estate

High value real estate litigation requires experienced professionals who understand sophisticated deal, financing and ownership structures and the unique rules and regulations that apply to real estate and secured transactions in order to help clients achieve their objectives in the most efficient manner possible.

That is why when our clients require such real estate litigation services, they turn to Christopher Benjamin and ILP, which is comprised of trial lawyers who have devoted their careers to handling real estate-related litigation on a recurring basis.

We offer clients an integrated, business-minded approach to proactively address their legal needs. Whether our clients are seeking to ensure adequate security, restructure financial obligations, recover secured or unsecured assets, modify the relationship of debt and equity, manage and enhance assets, or acquire new assets at adjusted cost basis, we have the skill set, experience, and access to legal resources necessary to help our clients maximize their opportunities and avoid unnecessary risks.

We have substantive experience in almost every facet of real estate related litigation, and represent clients in virtually every type of forum, including state and federal courts, arbitral organizations and other alternative dispute resolution arenas, as well as before administrative agencies such as the U.S. Environmental Protection Agency (USEPA) and other federal and state agencies. This wide-ranging experience also enables us to provide knowledgeable assessments of the active members of the judiciary, arbitrators and mediators before whom matters may be brought and heard

Our real estate litigators routinely represent owners, developers, secured lenders, loan participants, governmental entities, bondholders, borrowers, landlords, tenants and other clients in disputes involving:

  • Purchase/sale contracts and options, including acquisition, post-closing adjustment, specific performance and escrow matters, as well as rescission and other fraud/mistake claims

  • Secured loans, including foreclosure, receivership, guaranty enforcement and disbursement issues, as well as lender liability and bad faith claims

  • Loan participation and other co-ownership arrangements, including inter-creditor agreement and agent disputes

  • Public financing of, and public-private partnerships relating to, infrastructure, low-income housing, and other governmentally supported projects

  • Management and operating agreements, including resort, hotel and shopping center operator issues, as well as common area maintenance and other reconciliation issues

  • Ownership structures, including partnership, limited liability company and percentage disputes, such as dissolution, participation rights, termination and dilution (squeeze down or out) issues

  • Title matters, including bonafide purchaser/encumbrance status, lien and ownership priority, easement rights, mechanics lien rights, adverse possession and other prescriptive rights, and accretion/erosion issues

  • Commercial leases, including eviction and forcible detainer actions, and rights of first refusal matters

  • Major construction disputes, including subsidence, excavation, general contractor and subcontractor disputes

  • Entitlement and other development matters, including NEPA and CEQA matters such as those involving the sufficiency of environmental impact reports (EIRs)

  • Low-income housing requirements, including Section 8 and other HUD-type disputes

  • USEPA Superfund claims, similar state Superfund claims, other governmental enforcement actions, and private environmental cost recovery disputes

  • Eminent domain disputes, including litigation regarding fair market value, right to take disputes, urban redevelopment issues and relocation.

This multidisciplinary approach and broad experience translates into efficient and highly effective handling of clients’ real estate issues and disputes before, during, and after they result in litigation or other formal dispute resolution. Our clients have their real estate litigation needs met by experienced real estate litigators, who know the industry, understand the client’s business goals, and have the ability and judgment to address appropriately virtually every type of dispute in forums across the nation.

Our Real Estate Operations Group represents real estate firms, property management companies, national and international financial institutions, corporations, hotels and insurance companies in connection with their use, management and operation of commercial real estate. REOG was formed to provide clients with a multidisciplinary and integrated approach to real estate issues by combining lawyers from relevant disciplines into a group focused on addressing multifaceted real estate problems, as well as handling day-to-day operational issues.

Lawyers in REOG represent clients in state and federal court litigation and appellate practice, commercial lease disputes, bankruptcy matters, telecommunication issues, zoning and land use matters, leasing, brokerage issues, foreclosures, environmental law, insurance law, employment law, construction and lien issues, green building, ADA and Fair Housing Act issues. In addition, our lawyers have a wide range of experience with building security-related issues and portfolio management.

The REOG department is capable of handling real estate matters from inception to conclusion without requiring redundant legal services. We have earned a reputation for responsiveness and helping clients achieve their business objectives. The unification of diverse practice areas into a cohesive, real estate-focused department enables REOG to advise clients effectively and efficiently.

We offer Title Insurance and Real Estate Litigation practice offering a wealth of experience throughout the scope of this complex area. Combined with attorneys and litigators in other disciplines, the Title Insurance and Real Estate Litigation team can handle a vast array of title insurance and real estate litigation, including:

Representing title insurance underwriters and/or their insureds in:

  • Class action defense throughout the State of Florida (state and federal courts)

  • Defense of RESPA, TILA, FCRA and other regulatory claims

  • Agency defalcations

  • Complex claims involving commercial and residential real estate

  • Loss mitigation, recovery and other third party claims (including malpractice, errors & omissions, directors & officers, surety and fidelity bond matters)

  • Representing the interests of owners, lenders and other insureds

  • Coverage analysis and disputes involving title insurance policies, closing protection letters and agency issues

Representing financial institutions, lenders, insurance companies, developers and other sophisticated real estate entrepreneurs in:

  • Complex commercial foreclosures

  • Receivership

  • Troubled debt restructuring

  • Bankruptcy

  • Shopping center, office building and multi-family commercial disputes, including related environmental, land use and zoning issues

Our Title Insurance and Real Estate Litigation practice encompasses all manners of litigation that might be encountered by your business. Whether your needs include litigation, dispute resolution, restructuring, or title claims, Christopher Benjamin has the Florida statewide experience and talent to represent your interests in Florida state and federal courts.

Property Transfer and Title Insurance The purchase, sale, development, use, and management of real property requires a team of skilled and experienced professionals, including sophisticated legal counsel. We provide in-depth knowledge of all aspects of real property acquisition, development, financing, leasing, ownership, use, and transfer. We strive to be an integral part of the professional team our clients require, and we value understanding their business practices, so we can provide the most meaningful legal services possible.

  • Transactions range from $100,000 to hundreds of millions of dollars

  • Experienced with all property types, from beachfront to ski resorts

  • Some of the largest U.S. real estate interests, including Fannie Mae, represented

  • New business formation and development and greater investment in real estate fostered through programs of the Chamber of Commerce and other organizations

  • Local Florida and Georgia counsel for dozens of out-of-state firms

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