Reputable Real Estate Litigation Attorney Protecting Huntington Beach Clients’ Property
Stephen Shepard Attorney at Law represents landlords in unlawful detainers for residential and/or commercial properties, as well as issues involving trespassing, quiet titles, encroachment, and nuisance complaints.
Real estate litigation is a complex area of the law, but you don’t have to face it alone. For any questions about our services, call (714) 372-2228 or fill out the contact form to the right for a prompt response. We will schedule an initial consultation and help you determine the best action plan for your issue.
Residential Real Estate Disputes & Litigation in California
For disputes over residential sales, many of the California Association of Realtors’ purchase agreement forms used by real estate agents have several clauses which apply specifically to disputes and litigation, including:
- Clause 20: “Liquidated Damages” If both the Buyers and Sellers initial this clause, the initial deposit paid with the offer may be retained by the Sellers if Buyers default in the purchase.
- Clause 21: “Dispute Resolution/Mediation” This clause provides the alternatives of mediation and/or arbitration for the resolution of disputes between Buyers and Sellers. Commonly, mediation is mandatory before going to arbitration or court. The penalty for non-compliance is the loss of your right to recover your attorney’s fees.
- Clause 21B: “Dispute Resolution/Arbitration” If both Buyers and Sellers initial this clause, they agree that all disputes between them must be resolved only through binding arbitration.
- Clause 25: “Attorney’s Fees” This clause entitles the prevailing Buyers or Sellers to recover their reasonable attorneys’ fees and costs from the non-prevailing party in any action, proceeding or arbitration arising out of that Purchase Agreement.
Mortgage fraud is defined as “any material misstatement, misrepresentation or omission relied upon by an underwriter or lender to fund, purchase or insure a loan.” If you have been a victim of mortgage fraud through undisclosed kickbacks, a silent second mortgage, falsified employment income or deposits, downpayment gifts or any other form, contact us to discuss your case.
With a growing number of foreclosures, it is vital to have the help of an experienced real estate attorney. Remember, a mortgage is a contract and if that contract is violated, you have rights. Working with an experienced foreclosure attorney will help you understand those rights and avoid harassment and/or falling victim to unfair and deceptive business practices, including wrongful foreclosure.
Fees & Costs
Stephen Shepard Attorney at Law handles real estate litigation on an hourly fee basis plus costs incurred. An advance fee retainer is required before representation begins. When an advance fee retainer is used up, it must be replenished to the original amount. Our current hourly rate is $400 per hour.
For real estate sales and mortgage lending services, contact Mike Rains.