Real Estate Litigation Services in Mississippi
Resolving Legal Disputes on Behalf of Clients
Our dedicated legal team at Thomas W. Brock, PC understands that sometimes real estate deals unravel and force the parties involved to resolve their disputes in court. If you are stressed out because you are facing real estate litigation, you need to consult with a seasoned lawyer to discuss all of your options under the law. We have the knowledge and extensive legal resources you need on your side to secure a fair case result. Our legal professionals are familiar with Mississippi property laws and civil litigation matters, and we can lighten your burden with our top-notch representation and counsel.
Call (601) 202-9744 today if you need assistance with any of the following real estate disputes:
Real Property Contracts
A real estate contract is required whenever two or more parties want to initiate an exchange, purchase, or any other type of real estate transaction. The contract outlines the terms the parties agreed upon during the negotiation process.
An enforceable real property contract must have:
- Offer: One of the parties makes an offer by drafting a contract and asking the other party to sign it. The party receiving the offer can choose to accept it, reject it, make a counteroffer, or not respond at all.
- Acceptance: If the offer is accepted, the contract must be signed by each party involved in the deal. If there is a counteroffer on the table, the original offer must be terminated since it isn’t legally binding without signatures.
- Consideration: This refers to the property or valuable item being exchanged between the two parties in the real estate transaction. Consideration is usually in the form of money but can also be a promise to perform a service or another property.
- Legal Capacity: The parties involved in the deal must be mentally fit and competent enough to enter into a contract.
- Legality of Purpose: A real estate contract should never stipulate that one party takes illegal action.
Residential Home Sales
When you buy a new home, the sales contract may contain inspection or financing contingencies that need to be identified and removed. Various issues can also arise during escrow that can halt the sale of a residential property. From a missing loan document to the seller backing out of the deal, you may need to file a lawsuit to recover your lost damages.
Commercial Property Sales
Commercial property litigation matters involve disputes over contractual obligations, title to property, boundary line disputes, and possessory interests. If an unjust claim has been brought against your company, you need an attorney on your side who has experience in real property law, business law, and property taxation so you can advocate for your rights.
Construction projects usually have numerous parties involved, which means legal disputes often arise before, during, and after construction. We represent contractors, subcontractors, suppliers and other construction professionals facing legal action. Whether it’s abandonment disputes or accusations of construction defects, we will use our full resources to represent your best interests.
Contractors & Subcontractors
We know that disputes with contractors and subcontractors can cause all sorts of headaches for homeowners and business owners. From poor-quality repairs to property damage caused by contractor negligence, we are here to make sure your dispute is resolved.
Call us today if you have had any of the following issues with a contractor or subcontractor:
- Faulty Materials
- Poor Workmanship
- Unpermitted Work
- Failure to Perform
- Property Damage
- Building Code Violations
- Illegal Mechanic’s Liens
Has your loan modification been denied because a lender gave you misleading information? Are you behind on your mortgage payments because a lender didn’t fully explain all of your options? At Thomas W. Brock, PC, we are dedicated to fighting back against mortgage lenders that mistreat our clients, call us today if you need help with any of the following mortgage disputes:
- Delays in a loan modification request
- Accounting issues
- Predatory mortgage lending
- Foreclosure fraud
Homeowners Associations & Condominiums
Although Homeowners’ Associations (HOAs) are legally obligated to have an internal dispute resolution procedure, some HOAs aren’t really willing to work with homeowners who bring forth complaints. When this occurs, you need assistance from an experienced litigator who can review the HOA’s dispute resolution procedure to determine if legal action is warranted.
Disputes between landlords and tenants can sometimes require litigation if the issue can’t be resolved among the parties. From disputes over apartment repairs that haven’t been completed to unpaid rent, landlord-tenant matters should be handled by a skilled lawyer who can quickly identify legal issues and strategize the best way to efficiently appease both parties.
Are you being evicted from your unit? Is your landlord accusing you of violating the terms of your lease? If so, you need to do the following things to fight a wrongful eviction:
- Contact the Local HUD Office: If you have experienced discrimination from your landlord because of your race, religion, national origin, familial status, or gender, you can file a claim with the U.S. Department of Housing and Urban Development (HUD).
- Contact an Attorney: Hiring an attorney who knows the ins and outs of landlord-tenant law is the best way to fight wrongful eviction. If you win your case, the landlord may even have to pay your attorney fees!
If you have evidence that a lender has foreclosed on your home in bad faith, you can take legal action to have the foreclosure dismissed or to pursue monetary damages from the lender. If you file a wrongful foreclosure claim, you will need to prove the following:
- A legal duty was owed to you by the foreclosing lender
- The legal duty was breached in some way
- The breach of duty caused you to incur damages
If you are able to successfully prove the criteria above, you can be awarded the difference between the value of the foreclosed property and the remaining debt balance if the appraised value is higher than the balance.
Is the government trying to take your private property to complete a public project? If so, we are here to help you recover the damages you are entitled to. Whether you own a small business or publicly traded company, we have the expertise to take your case all the way to court. We have defended landowners in connection with a variety of acquisitions, and we are prepared to put skills to work for you today!
Zoning, Land Use, & Building Permits
Are land issues hindering your major development project? Are these delays costing you large sums of money? Our legal team is here to help you navigate Mississippi’s complex regulatory and land planning laws for residential and commercial real estate properties. We specialize in assisting clients with re-zoning, special use permits, historic preservation matters, architectural disputes, and environmental concerns.
Boundaries & Easements
Disputes over land boundaries between neighbors are common. When this occurs you may need to go to court to establish the exact property lines, which can be a complex task. We can represent you in this matter and sue for continuing trespass or request an ejectment action. We can also file a lawsuit for a declaratory judgment to have a judge decide which party actually owns the land.
Do you have a standard title insurance policy? Unfortunately, these policies usually have an exclusion that protects the insurer from being dragged into boundary and easement disputes, which is why you need to consult with an experienced lawyer to discuss your situation.
There are several different liens that can be filed against a property:
- Mechanic's Lien: Contractors and subcontractors who don’t receive payment for a job can file a mechanic's lien against the property, which can tarnish the title to the property and make it harder to sell when the owner puts it on the market.
- Tax Liens: If a property owner has tax debt, the IRS can file a claim against it. While the IRS doesn’t need to get a formal judgment in order to levy your property, you are still entitled to certain collection rights under the law.
- Deeds of Trust: Lenders sometimes receive a deed of trust to secure approved loans for real estate. If the loan isn’t repaid, a lien can be filed against the property.
Speak to our Dedicated Lawyers Serving Mississippi
Do you have a residential or commercial real estate dispute you can’t resolve on your own? Then you need an experienced real estate litigation attorney on your side to make sure your best interests are protected both in and out of the courtroom. We have the courtroom and trial experience you want in your corner, and we will aggressively fight to secure the justice you deserve.
To get started resolving your real estate matter, give us a call at (601) 202-9744. We are dedicated to representing clients throughout Mississippi.
Committed to the Community
Thomas Brock was born and raised in McComb and is in the habit of treating everyone he meets as a neighbor.
No Fee Unless We Win
A deep belief in obtaining justice for the injured and the willingness to fight for maximum compensation.
Prepared to work tirelessly to obtain full compensation for your injuries.
A strong advocate for clients. Together, we can achieve a positive outcome for your case.
You can expect quick replies to phone calls, texts and emails.
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Whether at home or a hospital, we will come to you so you can focus on your recovery.