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REAL ESTATE TRANSACTIONS AND LITIGATION



Sale of Residential or Commercial Property:


Are you in the market to sell or buy either residential or commercial property? Hire an attorney to help you with the transaction. The attorneys at the firm have handled numerous buy or sell transactions in the Residential or Commercial Property arena. We represent both buyers and sellers. Call now to speak with an attorney.



Types Of Real Estate Litigation We Handle:


• Fraud in a Real Estate Transaction: A fraud action can arise when the seller of real estate has either misrepresented the condition of the property or failed to disclose a defect prior to closing. These conditions may involve foundation problems, prior flooding, prior water damage, electrical problems and many other undisclosed defects. We have represented both buyers and sellers in fraud lawsuits. If you purchased property and found that the seller fraudulently deceived you through misrepresentation or lack of disclosure, call to speak with an attorney today. Likewise, if you have been sued or accused of fraud in relation to the sale of your property, we can represent you in fighting unwarranted
allegations.

• Breach of Contract: If a buyer or seller has reneged on a deal, or backed out of a real estate contract in violation of an agreement, a person can in some instances ask a court for “specific performance” (forcing the violating party to complete the transaction) and for other damages and attorneys fees.

• Condemnation or Eminent Domain Cases: This occurs when a government agency or utility company is trying to take your commercial property for their use. The constitution of the United States requires the agency to pay you fair value. Retain an attorney to make sure you receive fair value for your property.

• Landlord/Tenant Disputes: If you have a tenant in your property that needs to be evicted, put our experience to work, and let us handle it for you. Or, if you want to have a lease prepared or reviewed, call us, and we can help.

• Contractor Issues: If you are involved in a legal dispute with a contractor or supplier, an attorney can advise and represent you in court if necessary.

• Collection Issues: If a customer or other company owes you money, our litigation lawyers can actively pursue the money that is owed to make sure your cash-flow is not negatively affected. Likewise, if your company is being wrongfully threatened or sued for an alleged debt, we will defend you in court.

• Construction Litigation: The firm has experience representing developers and
construction companies in litigation arising from a development including injury litigation, lien litigation, contract disputes, fraud claims, collection issues and more.

• Homeowner Association Cases: If you are having issues with a home owners association, or are a home owners association, we can assist you with your legal concerns.

• Boundary Disputes: If you have a boundary dispute, this can end up creating costly delays your projects. Call us to see if we can help.

• Title Disputes: Title disputes can take many forms including:

1.Trespass to Try Title. A trespass to try title case involves a dispute as to ownership of property. The only issues involved are title and possession and a plaintiff must rely on the strength of their own title - not any weakness of a defendant's title. The remedy that is sought in a trespass to try title action is an order voiding any adverse claim and vesting clear title in the name of the plaintiff.

2.Suit to Quiet Title. In a suit to quiet title, a plaintiff seeks to remove what appears to be a defect in their chain of title. This can take the form of an errant deed, improper lien, an adverse possession claim and many others.


Some other cases we handle:


• Broker and transaction litigation

• Commercial lease litigation

• Construction contracts

• Construction defects

• Lender liability

• Litigation arising out of purchase and sale agreements

• Mechanics' liens

• Mortgage foreclosures

• Title and title insurance litigation


Wrongful Foreclosures:



A mortgage lender of bank can do the following which may give rise to a claim for wrongful foreclosure:

• Failing to properly send the notice acceleration

• Notice of sale not sent by certified mail

• Initiating the foreclosure process when borrower was not actually in default

• Telling the borrower that the foreclosure sale would not proceed, but does so anyway

• Selling the property for an amount which is grossly under actual value

• Not properly sending the notice of sale

• Failing to timely send the notice of sale



If Your Bank Has Acted Improperly, You May Be Able To:



•Seeking a Temporary Restraining Order (TRO) from a court to stop the foreclosure process before the sale occurs.

•Seeking a Temporary Restraining Order after the sale to stop you from being evicted by the bank or foreclosure sale purchaser

•Seeking a rescission of the foreclosure (undo the whole transaction)

•Seeking money damages against the mortgage company or bank


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THE KANE|VARGHESE LAW FIRM
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Fort Worth, TX 76112

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Austin, TX 78701
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Addison, TX 75001
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Houston, TX 77002
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San Antonio, TX 78205
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