Litigation

Novins, York & Jacobus has deep experience representing banks, title insurance companies and regular everyday people in real estate litigation cases. Most often, we find our real estate litigation cases involve the following types of claims:

Defects in Title

Novins, York & Jacobus has represented title insurance companies and land owners in litigation concerning defects in chains of title. A defect in the chain of title is a problem that results in the owner not having good, clean title to the land. This problem could be a judgment against a former owner of the property that was not satisfied, or a deed to another person years in the past.

Deed Restrictions

Novins, York & Jacobus has represented home owner’s as well as homeowners’ associations in enforcing and defending lawsuits involving deed restrictions. A deed restriction is a covenant or promise that is part of the deed to land. It most often is a promise not to take action to use the property for a particular purpose, or to build upon the land in a manner that is inconsistent with the purpose of development. For example, a residential development may have deed restrictions banning commercial buildings. If one of the residents decided to turn his home into an office complex, the homeowners’ association may sue for an injunction, a court order blocking the non-permissive use.

Foreclosure

Novins, York & Jacobus has represented both sides in mortgage foreclosure actions. A foreclosure is where the holder of a mortgage seeks title to the real estate in order to sell it to pay off the unpaid loan on the property.