In certain circumstances, a real estate dispute can delay or stop a costly deal from proceeding. Other times, a commercial property dispute or residential conflict can affect the value of the property. No matter what the situation, real estate litigation requires aggressive and responsive counsel that can help protect an investment through efficient negotiation or trial representation.
At Baker & Slider, LLC, we are sensitive to our clients' needs and to how quickly a real estate disagreement can escalate. As one of only a handful of lawyers in this jurisdiction of Georgia who practice in the area of real estate litigation, attorney John Baker understands the complex issues and the monetary concerns for individuals and businesses embroiled in real estate disputes. We aim to resolve real estate disputes in a creative and cost-effective fashion, without sacrificing your best interests in the process. Contact us today to learn more about how our experience can help you.
Our real estate litigation lawyers in Athens routinely handle all types of commercial and residential real estate cases involving:
- Property line disputes and easement conflicts
- Real estate contract litigation
- Title disputes
- Lawsuits related to real property
- Real estate finance litigation
- Foreclosure confirmation defense
- Landlord/tenant negotiation, evictions and other types of litigation
- Construction litigation involving breach of contract
Our experience handling all types of real estate transactions helps inform our understanding when a dispute does arise. We often help people who were represented by another attorney during the initial transaction and now need an experienced trial attorney who knows how to handle the technical aspects of real estate litigation in court.
Homeowners Association Litigation
We also represent homeowners association (HOA) boards and individual homeowners with regard to issues concerning covenants and bylaw disputes for condominiums and other types of residences and subdivisions. Since we have been on both sides of the table, we can anticipate strategy and help propose creative solutions that may benefit both sides.
Foreclosure Confirmation Litigation
As a debtor facing foreclosure due to the economic downturn, whether residential or commercial, the Bank may take the property back at a foreclosure sale or sell the property to a bidder at the sale. If the Bank takes it back, it will then look to the debtor, and any guarantors, for the difference between the "true market value" of the property and the loan value. This can sometimes be in hundreds of thousands, or even millions, of dollars.
However, there is an important step for the Bank to take to before it can pursue the debtor or guarantors on the Note. This step of "confirmation" evolved from a practice during the Depression of Banks taking properties at foreclosures for less than the true value and then forcing the foreclosed parties into bankruptcy. Confirmation allows a Superior Court Judge to preside on the issues of foreclosure (proper publication and sale) and true market value. Since the value is an issue that may be testified about by Appraisers, this effectively becomes a debate among experts.
The comparative sale approach and the development approach are just two of the methodologies utilized by Appraisers. There are more approaches and there are arbitrary factors and ratios that may be hidden in the analysis conducted by appraisers to find the "true market value." At Baker & Slider, through the use of consulting experts, we demystify the appraisal process and see whether the Bank's appraiser came in low and why. For instance, Banks that are not local may rely upon appraisers who look at the data compiled from the Atlanta market which has very little to do with Athens, Oconee County, or the surrounding counties. A local appraiser can analyze valuation from a wealth of experience and local knowledge. In the Order, the Court declined to confirm the sale because the Bank's valuation was not the "true market value." This case included a deficiency of approximately $700,000.00.
Protect your investment. Schedule a complimentary in-person consultation today by contacting our firm. We can also be reached by calling 706-410-2993 or 866-968-3385.
Our office hours are 8:00-5:00, Monday through Friday. We are conveniently located near the University of Georgia in downtown Athens across the street from the Clarke County courthouse.
We accept credit cards.
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