Real Estate

Types of Real Estate Disputes

Disputes involving real estate properties will most likely be heated and stressful. After all, who would want to lose a property? According to the website of Slater Pugh, Ltd., LLP, real estate disputes can be complicated and technical for a common individual. Although they can be resolved out of court, some disputes do end up in the court room. In this article, we shall tackle the different kinds of real estate disputes.

  1. Non-Disclosure of Defects
    • Once the property has been sold, the seller allegedly did not disclose property defects, such as structural issues or additions made without permits.
  2. Quiet Title
    • Quiet titles are unsettled claims that cloud the buyer’s ownership of the title. Litigation is required to invalidate unsettled claims.
  3. Disputes with Agents or Brokers
    • While they are esteemed for their high standard of professionalism, most claim that they do not live up to these standards. There are various claims such as breach of fiduciary duty, errors and omissions, or undue pressure to buy.
  4. Easement and Neighbor Disputes
    • The buyer of the property can get into disputes with neighbors regarding a wide range of issues such as boundaries, fences, and easement.
  5. Zoning and Land Disputes
    • There are legal use restrictions that every developer and homeowner should abide with in order to obtain permits. To prevent unlawful use, they need to enforce zoning laws and when the parties do not comply, this is where disputes arise.
  6. Foreclosure
    • When proper procedures in foreclosing a property is not followed, the aggrieved party will usually resort to legal remedies to keep them from losing their property.
  7. Condemnation
    • This is a step that the government undertakes to get hold of privately held property. It is the court who will determine the amount to be paid or when the owner seeks compensation.

These are just some of the common disputes that arise in the real estate industry.

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Fighting a Wrongful Foreclosure in Dallas

It has unfortunately become an all too common scenario in the US, including Dallas: homeowners receive a notice of foreclosure because they have defaulted on their payments. However, this does not mean that all hope is lost.

Foreclosures usually follow a set of strict rules and regulations, depending on whether the state uses a judicial or non-judicial system. The failure of the lender to follow any of these rules is a common basis for a claim of wrongful foreclosure. While this may not necessarily stop foreclosure, it may at least buy the homeowner some time to find a more permanent solution.

There are also instances when the lender has no proof of standing in the foreclosure. Banks, in particular, have had some trouble with producing documentation that proves they have to right to foreclose, mostly because the loan has been passed around so much during the securitization process. According to the Fair Debt Collection Practices Act, the debtor has a right to demand documentary proof that the lender has the right to foreclose within 30 days of getting a notice of foreclosure.

The laws governing wrongful foreclosure claims differ from state to state. As any reputable Fort Worth real estate litigation lawyer probably knows, a plaintiff under Texas law has to show that there as something wrong with the foreclosure sale, the property sold for a grossly inadequate amount, and that the low selling price was caused by the defect in the sale. This makes it more challenging for the foreclosure defense lawyer in making a case, but it can be done with the right lawyer.

If you are facing foreclosure in Texas, you have your work cut out for you. Consult with a foreclosure defense lawyer in your state to find out if you have grounds to make a wrongful foreclosure claim. There may be laws that can provide you with temporary relief until you can figure something else out.

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