Real Estate Litigation

When disputes arise, you want the best help you can get to solve them and move on. That’s why we use an integrated, interdisciplinary approach that combines the expertise of team members in our trial department, real estate, and business groups. Our experience in areas associated with real estate disputes includes bankruptcy, environmental law, construction law, and insurance law.

Our clients seek our counsel in matters involving:

  • Adverse possession
  • Bankruptcy litigation
  • Boundary disputes
  • Collections
  • Condemnation
  • Construction disputes
  • Environmental/land use management
  • Foreclosures by action
  • Insurance disputes
  • Landlord/tenant
  • Loan restructuring and workouts
  • Mechanic’s liens/bonds
  • Mold
  • Indoor air quality (IAQ)
  • Receiverships
  • Statutory/warranty issues
  • Real estate tax challenges and protests
  • Title insurance
  • Vendor/purchaser

Representative Clients

  • Acorn Mini Storage V LLC
  • American Heritage National Bank
  • Cities of Annandale and Maple Lake
  • First American Title Insurance Company
  • Hennepin County
  • Hornig Companies, Inc.
  • IRET Properties
  • Minnesota Historical Society
  • Minnwest Bank
  • Sentry Bank
  • Sherburne State Bank
  • State Bank of Delano
  • Teachers Insurance and Annuity Association of America
  • University of Minnesota

Experience

Representative Matters

  • Regularly represent commercial lenders in foreclosing mortgages by action, pursuing collection of the debt, and obtaining court appointment of receivers for a variety of commercial and residential properties, including manufacturing facilities, condominiums, several office towers, automotive dealerships, hotels and office and retail space
     
  • Represented lead lender in multimillion dollar restaurant and convention center loan participation litigation, including the subsequent foreclosure and collection
     
  • Represented material supplier in successfully preventing discharge of client’s half million dollar debt in bankruptcy in a mortgage fraud case against a principal of the debtor and revoking the discharge of another principal of the debtor
     
  • Represented bank in litigating and successfully settling with a mortgage originator over an incorrectly completed real property subordination agreement
     
  • Represented clients in environmental cost recovery claims resulting in the recovery of millions of dollars in investigation and cleanup expenses
     
  • Represented cities in obtaining a ruling from the Minnesota Supreme Court affirming reinstatement of a NPDES permit allowing the cities to move forward with the construction of a multi-million dollar joint wastewater treatment facility
     
  • Represented lenders in a series of cases brought by homeowners alleging that their mortgages are invalid and the banks did not have a legal right to foreclose on the homeowners’ properties because the banks were not in possession of the notes secured by the mortgages
     
  • Quieted title to foreclosed upon real estate after former homeowner filed documents fraudulently representing that he had paid his mortgage in full and redeemed the property during the redemption period
     
  • Represented lender in mortgage fraud case against mortgage brokers, builders, and  title companies based on a scheme by the defendants to induce the lender to fund mortgage loans on properties with artificially inflated values and unqualified “straw man” purchasers
     
  • Challenged real estate taxes on apartment building successfully helping the client save in real estate taxes over three years
     
  • Represented commercial business owners in defending and obtaining successful results in eminent domain (condemnation) actions
     
  • Represented owners and contractors in prosecuting or defending construction claims, insurance and bond claims, and mechanic’s liens

Related Client Stories