Areas of Practice
Real Estate
Purchase and Sale of Real Estate
Here at Crosby & Crosby, PLC, our attorneys have been providing advice and counsel to brokers, purchasers and sellers for over 30 years. Our firm has up to date knowledge about the various state and federal statutory and regulatory requirements affecting the purchase, sale or exchange of real property. Our familiarity with this area of the law is invaluable when we enforce our clients’ rights in court.
Loan Workout Agreements
Secured lenders are frequently presented with proposals to negotiate resolutions to problem loans. Efforts in this area are subject to numerous statutory and regulatory requirements, including usury laws, truth in lending laws, guarantor statutes, security priority requirements, and others. We provide our clients with knowledgeable and informed counsel and documentation in these transactions.
Deeds in Lieu of Foreclosure
Occasionally, a borrower will decide to deed the borrower’s property over to the lender rather than have a foreclosure proceed to trustee’s sale. Our firm represents trustees and loan servicers in all aspects of such transactions, including the deed-in-lieu of foreclosure, estoppel affidavits, and requests for reconveyance.
Real Estate Law: Property Disputes and Litigation
When two or more parties lay claim to the same property, or disagree about its use and development, disputes may arise. Our firm works to resolve both residential and commercial real estate disputes, but we don’t shy away from resolving issues in court when necessary. We handle cases with issues arising from transactions, development and adverse possession. We represent homeowners, business partners, developers and family members in the full spectrum of property disputes.
Commercial and Residential Real Estate Litigation
Crosby & Crosby, PLC, handles all scenarios:
- Developers and owners with issues over real estate projects
- Disputes between development partners or former partners
- Family members squabbling over inherited property
- Tenants in common at odds over sale or land use
- Disputes with neighbors over easements or right-of-way
Quiet Title and Partition Actions
Longstanding but unwritten agreements may come to a head when events in people’s lives change. We are often called in when parents die and siblings cannot come to terms about joint ownership of the family home. Likewise with business partners, when the relationship goes sour, disposition of commercial real estate is a sticking point. In either case, it may be necessary to arbitrate or litigate. The court may force one party to sell its interest to the other or settle the matter by dividing the property (partition).
We also handle quiet title litigation, in which an individual or entity claims ownership of residential or commercial property by virtue of continuous use, upkeep or title discrepancy. We can both initiate and defend actions to resolve these disputes and establish clear title. Crosby & Crosby, PLC, has two areas of expertise: litigation and transactions. The litigation attorneys handle real estate litigation matters of every type and scope, including the preparation and service of default notices, the prosecution and defense of unlawful detainer actions, breach of lease actions, breach of guaranty actions, easement disputes, boundary disputes, rent control disputes, wrongful eviction actions, condemnation actions, purchase and sale agreement disputes, and land use disputes.
Our transactional expertise is equally varied and includes the negotiation of commercial, retail and industrial leases, purchase and sale agreements, parking agreements, construction documents, development agreements and advice to retail, commercial and industrial landlords on tax and entity formation matters.