Real Estate Litigation

Services

Building Code Violation Defense

When facing fines due to a zoning violation, Lieb Attorneys will review the applicable municipal code, provide education about the allocations and zealously attack the violations in your defense.

Condemnation

A taking of your property can happen, but what you do about it is up to you. While the property may not have realized its full potential, a municipality must pay the highest and best use value of your property. Lieb Attorneys will show you how to find the right expert witness to support your case and get paid appropriately.

Constructive Trust

Is someone holding real estate for your benefit without a formal agreement? Have you given up assets in consideration of your understanding? Does that person deny you the property, which is rightfully yours? Get help from the team at Lieb at Law to fight for your rights and get your property.

Escrow / Earnest Money

After a deal dies, who has the right to the deposit? Learn your rights and fight to keep your money. Lieb Attorneys understand the nuances of utilizing different forms of language within your contract of sale and will evaluate and educate you on the viability of a lawsuit worth pursuing.

Fair Housing Act (Discrimination)

You have rights to not be discriminated against in the sale or rental of housing based upon your race, color, national origin, religion, sex, familial status or handicap. Don’t be a victim of discrimination, be an advocate for change. Remember, discrimination can happen in many different forms such as offering you something for a sexual favor or simply making the environment around you hostile.

Foreclosure Litigation (RESPA, TILA, FHA, DPA and FDCA) and Workouts (short sales, deeds in lieu and mortgage modifications)

To be clear, if you just defaulted, you will not wake up tomorrow morning seeing your clothing and possessions being deposited on your front lawn. In fact, if you act quickly you may be able to retain your home with a lower monthly mortgage payment. Lieb Attorneys are intimately familiar with the Making Home Affordable Program and its offerings to protect you in this difficult time. The key to foreclosure defense is to go on the offensive and to force the banks to prove that they have followed all of the rules in bringing their action. If you work smart, you can prevent a deficiency judgment, which can otherwise follow you around for the next twenty (20) years of your life. Click Here for more information on our Foreclosure Defense practice.

Landlord / Tenant

Lieb at Law represents property owners, co-op’s, shareholders and tenants in both commercial and residential landlord-tenant litigation. Legal services include Eviction Proceedings, Lease and Sublease Disputes, Breach of Covenant, Breach of Warranty of Habitability, Nuisance and Rent Collection.

Navigation Law 181 (oil spills)

Incident to the transaction of property or its ownership and maintenance you may become strictly liable for the discharge or maintenance of petroleum products without fault. Yet, it is important that your voice is heard in apportioning the liability among the many other strictly liable parties because cleanup and removal costs can be debilitating. In fact, landowners may be liable for the unknown acts of their tenants and must know their rights to fit within a liability exception.

Partition

When you want to sell, but your co-owner doesn’t want to, what do you do? Lieb Attorneys will seek a Court Order that requires the joint tenant or tenant in common to facilitate a sale. Your co-owner cannot simple force you to keep your money tied up within the property. Lieb Attorneys will facilitate the accounting of the property’s records and ascertain whether you have been treated fairly along the way. Divorce is sometimes expensive, but divorcees say it’s worth it.

Real Estate Issues Incident to Divorce

Do not let your property be a casualty of the fight. If you spouse attempts to fraudulently transfer real estate out of his / her name in anticipation of the divorce, Lieb Attorneys know how to get the property included back into your equitable distribution award. If you or your spouse bought real estate during your marriage, it is likely marital property regardless of how it is titled. Both spouses are entitled to their equitable share and should fight for their property. Learn the difference between tenancies by the entirety, joint tenants, tenants-in-common and a fee simple absolute. These terms mean dollars in your pocket after a divorce.

Tax Certioraris

Is the municipality charging taxes as if your property is worth double? Sometimes they forget that we just had a recession. Lieb Attorneys will guide your team to seek a reduction by way of the use of expert appraisers to show that an objective analysis supports your position.

Title Disputes

Are you trying to sell your house, but there is a mortgage that you long paid off showing up on your chain of title? What about a deed that says you already sold the property, but you haven’t? Lieb Attorneys will help quiet adverse claims to your property and enable a smooth transaction.