The firm has been involved in all aspects of real estate litigation. The firm has successfully represented developers, property owners, lenders and management companies in real estate related disputes. The firm has successfully represented partners in general and limited partnerships for claims involving distributions upon sale, allocations of costs, duties of the general partner and other matters.
In a recent case, the firm confirmed on appeal the property of a temporary injunction obtained to stop the foreclosure of $9,500,000 worth of developed property in Parker, Texas. Graham Mortgage Corp. v. Hall, 307 S.W.3d 472 (Tex. App.—Dallas, Feb. 11, 2010, no pet.)
In another case, the firm obtained summary judgment in the United States District Court for the Western District of Texas for a hotel investment group, defeating a $30 million calim for fraud and tortuous interference in connection with a real estate transaction for the development of property in downtown Austin, Texas.
In recent case, the firm obtained summary judgment in Tarrant County for a landlord/owner of a commercial property, defeating an action to foreclose on a mechanics and materialman’s lien on the property. In addition to the summary judgement, the firm also obtained an award of attorneys’ fees and costs for its client.
Attorneys for the firm have had extensive experience in litigation involving real estate brokers. Attorneys for the firm have successfully prosecuted a claim for breach of a commercial real estate listing agreement. They have brought claims against a commercial real estate broker for breach of fiduciary duties owed to the owner and property manager in connection with a commercial leasing transaction. They have also brought claims for his clients against another party’s broker for fraudulent acts in the sale of development property.
The firm’s experience in real estate litigation overlaps substantially with its experience in banking litigation. The firm has represented lending institutions in real estate loan workouts, judicial foreclosures, non-judicial foreclosures and subsequent deficiency actions against obligors and guarantors. The firm also has experience in obtaining restraining orders to stop foreclosures and has successfully defended the claims by lenders in connection with real estate financing transactions.