Civil Matters

Personal and Business Disputes

Both personal and business disputes are an unfortunate but inevitable byproduct of our fast paced society. A contested situation occurs when two or more parties become embroiled in a dispute seeking money or specific performance from another party but not criminal sanctions.

Disputes can occur in any areas including:

• interpretation or enforcement of contracts and agreements (breach of contract)
• a lender foreclosing on real estate (a foreclosure action)
• joint owners of real property seeking to divide their interests into separate portions “forced sale” (a partition action)

Often the resolution of disputed issues cannot be reached through negotiation, mediation or other pre-litigation methods. Then the litigants frequently seek to resolve the controversy through litigation. They turn to the court system for a trial so a judge or jury can decide the matter.

Alternative Dispute Resolution (ADR)

It is safe to say that a prudent settlement is better than a prolonged war of attrition, no matter how successful. That is why, when appropriate, we advocate the use of alternative dispute resolution methods to resolve Client’s litigation matters quickly and efficiently. This can also help to reduce the costs and delays associated with litigation.

Breach of Contract

A contract is a legally enforceable promise, either made in writing or orally. A breach occurs when a party fails to perform any term of the contract without a legitimate legal excuse.

Real Estate Law:

Foreclosure Action

When a borrower falls behind in the monthly mortgage payments (called “default”), a foreclosure is the procedure by which the lender or investor forces the sale of real estate that is secured by a mortgage so the lender can get repaid for the debt. This litigation can result in a judgment that extinguishes the owner’s interest in the real estate.

Partition Action

When co-owners of real estate are unable to agree on how to use the land or whether to sell it, a court can resolve their dispute. In some instances the real estate can be divided and the co-owners can receive their proportionate share. In most situations, the real estate is ordered sold and the co-owners receive their proportionate share of the sale proceeds.

Landlord/Tenant Disputes

Disputes frequently occur between landlords and tenants when people least expect them. Navigating through the eviction process can be a daunting task.