Real Estate Litigation and Transactions

We handle real estate litigation and  represent buyers, sellers, builders, and developers in residential and commercial real estate transactions.

         Michael Prestia Attorney  handles a wide range of real estate matters and commercial transactions, including:

  • purchase, sale, exchange and development of commercial, industrial, and residential property of all types
  • real estate financing, including commercial mortgages, construction mortgages, term mortgages, contracts for deed, sale/leaseback transactions, ground leases, low income tax credit financing and 1031 exchanges
  • land use and development, including subdivision, zoning, restrictive covenants, environmental concerns, and eminent domain, including appearances before governmental bodies or  Planning commissions
  • mortgage foreclosures, contracts for deed, cancellations, mechanics and material men lien matters, and general workout considerations
  • office, retail, and industrial leases for both landlords and tenants
  • real estate tax and assessment issues and protests
  • partnership and joint venture agreements
  • real estate syndications

We have represented institutional lenders in filing their mortgage notes, releases and assignments in over 500 counties throughout the United States. We have handled all aspects of these transactions, including the drafting and negotiation of loan and loan defeasance documents, preparation of legal opinions involving secured transactions, review of title matters, and due diligence review and  handled real estate loan workouts and have represented clients in restructuring loans, including modifications and adjustments of principal balances, with commercial lenders.

Our firm also handles zoning and land use issues before the planning commission related to  variances. We also arrange for title searches and we help secure title insurance. We handle condemnation cases, negotiating with government entities to make sure you get a fair price if your land is condemned for government use. Michael Prestia, attorney is skilled in effectively negotiating and drafting purchase agreements, handling all related paperwork, and attending residential and commercial closings.

Michael Prestia attorney has handled numerous litigation matters involving real estate issues, including:

  • Zoning issues
  • construction contract disputes and mechanic liens and Miller act Claims
  • easements and rights of way
  • financing and loan arrangements
  • purchase and sale agreements
  • property management agreements
  • regulatory compliance
  • environmental remediation
  • boundary disputes
  • adverse possession
  • landlord-tenant and Lease  disputes
  • escrow and earnest money disputes
  • HOA and CC&R enforcement
  • trespass and nuisances
  •  Oil Pollution Act  violations /land
  • development agreements
  • joint tenancy agreements
  • leases and sub-leases
  • 1031 tax-free real property exchanges
  • agribusiness and natural resources
  • permits and processing
  • mechanic’s lien foreclosure
  • condemnation and eminent domain
  • easements, title and encumbrances
  • debt recovery
  • quiet title actions
  • water rights
  • unlawful detainer and evictions
  • Loan modifications, workouts and project restructurings
  • Foreclosures
  • Defeasance
  • Tenants in common transactions
  • Section 1031 exchanges
  • Leasing and lease modifications
  • Resolution of lease disputes
  • Real estate development and entitlement issues
  • Property and asset management issues
  • Preparation and negotiation of development agreements and property management agreements
  • Affordable housing transactions (in affiliation with Section 42 tax specialists)
  • Easement and boundary issues, including reciprocal easement agreements