Real Estate Litigation

As plaintiffs or defendants, clients need legal counsel that can help them resolve real estate disputes quickly and effectively, allowing them to return their focus toward the investments, projects and transactions that support their core business goals.

The real estate litigators of Troutman Sanders have decades of experience advising owners, investors, investment groups, banks, financial institutions, developers and builders, as well as businesses that depend on real estate as a core asset (including retailers, manufacturers, utilities and other enterprises). We represent clients in every phase of litigation and in all venues, including federal and state courts and alternative dispute resolution forums such as mediation and arbitration. For individuals and enterprises facing unfavorable zoning or land-use decisions, regulatory inquires and law-enforcement investigations that feature a real estate component, we also provide effective representation before governmental agencies, officials and boards.

We understand that a successful outcome in the eyes of our clients is one that enables them to execute their business goals and return to their core business activities. To this end, our experienced litigators work closely with lawyers from throughout the firm’s core practice groups, including corporate, environmental, finance and securities law.

Our lawyers regularly advise clients on disputes involving the following:

  • Large commercial and residential real estate developments
  • Fair Business Practices Act compliance, including lending, sales, development and management contracts
  • Litigation concerning easements, restrictive covenants and other real property rights
  • Foreclosures, including confirmation trials and appeals
  • Landlord-tenant disputes
  • Franchises
  • Fraud and breach of contract
  • Loan/financing disputes
  • Real property receiverships
  • Borrower/guarantor litigation and Bankruptcy

Representative Experience

  • Real Property Receiverships
    We have represented various financial and lending institutions, including national and regional banks, in real property receivership actions in state and federal courts throughout the Southeast, successfully obtaining the appointment of receivers to protect and preserve collateral. We also have been involved in litigation concerning the appointment of receivers for apartment complexes, residential subdivisions and other income producing properties.
  • Foreclosure Litigation
    We represent numerous servicers, trustees, and noteholders in foreclosure litigation, including some of the nation’s largest banks.
  • Dispossessory and Other Landlord-Tenant Litigation
    We have represented various clients, including landlords and tenants, in actions in state and federal courts involving eviction, constructive eviction and the interpretation and enforcement of representations, warranties, covenants and other provisions in real property lease agreements and related documents.
  • Litigation Concerning Easements, Restrictive Covenants and Other Real Property Rights
    We have represented various clients, including owners, developers, lenders, purchasers and sellers, in state and federal courts and arbitrations in cases involving the parties’ rights and obligations under purchase and sale agreements, easements, restrictive covenants, deeds, declarations and other real estate contracts and governing documents.
  • Borrower/Guarantor Litigation and Bankruptcy
    We have represented various financial and lending institutions, including national and regional banks, in actions against borrowers and guarantors concerning real estate secured loans in state and federal courts (including bankruptcy courts), successfully obtaining recoveries for our clients through litigation and settlement. We also have defended financial and lending institutions against various lender liability claims, including, for example, claims for breach of loan documents, fraud and misrepresentation, negligence, breach of fiduciary duty, unfair and deceptive trade practices and related legal and equitable claims. We have worked with our clients to assist in the investigation of available assets in order to make a pragmatic cost/benefit analysis of litigation options. These cases often have involved issues concerning the valuation and disposition of real estate collateral.
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