Texas Real Estate Case Summaries

• Fraud in Real Estate - Favorable settlement on behalf of Defendant, who was the seller of a residential property, in a suit by buyers alleging fraud, Deceptive Trade Practices Act ("DTPA") violations, negligence and negligent misrepresentation related to alleged undisclosed defects in the home. The case was settled on terms acceptable to client.
• Wrongful foreclosure - Successfully represented Plaintiff Homeowner in a lawsuit alleging Wrongful Foreclosure against Defendant Mortgage Company in which the client's home had been foreclosed upon and sold at auction. After filing suit, the Firm obtained a Temporary Injunction preventing the client from losing possession of his home. The case settled before trial resulting in the client regaining ownership of his home.
• POA/HOA dispute - Successfully represented homeowner in dispute with their Property Owners Association ("POA") regarding alleged violation of certain deed restrictions.
• Title issues - Successful representation of Property Owner who owned an undivided interest in land that was foreclosed upon and sold by taxing authority for unpaid taxes. The firm filed suit on behalf of the client against the taxing authorities and the purchaser at the tax sale, among others, alleging that the Property Owner did not receive proper notice of the tax suit. The causes of action alleged in Client's suit against the taxing authority were Trespass to Try Title and Suit to Quiet Title, among others. The lawsuit was settled before trial resulting in the Client obtaining full ownership of the property.
• Construction defect - Successfully represented Homeowner in a dispute with her Home Builder regarding defects in the home's construction resulting in the builder agreeing to make all of the requested repairs.
• Trespass - Favorable settlement obtained on behalf of property owner whose land was trespassed upon resulting in the damage and destruction of trees, vegetation, and fences. The Firm filed suit against the trespasser alleging Trespass and Negligence. The case was settled before trial on terms favorable to client.
• Title issues - Successfully represented Property Owners Association ("POA") against the neighborhood's former developer in a lawsuit involving the ownership of the common areas (pool, clubhouse, parks, boat ramps, ponds, etc.) of the subdivision. The former developer claimed it owned these areas. The Firm filed suit on behalf of the POA for a judicial declaration (Declaratory Judgment) that it was, in fact, the rightful owner of these areas. Some of the causes of action alleged in this suit were Trespass to Try Title, Suit to Quiet Title, and Promissory Estoppel. The Firm obtained a judgment on behalf of the client awarding the client ownership of the common areas. The judgment also provided that the client was entitled to recover its attorney's fees against the defendant.
• Wrongful foreclosure - Favorable settlement obtained on behalf of client that was a defendant in a lawsuit alleging Wrongful Foreclosure. The Firm's client was the purchaser of a residential property at a non-judicial foreclosure sale. The former property owners filed suit against the mortgage company and our client alleging that the property was wrongfully foreclosed. The case was settled resulting in the property being returned to the plaintiff and in exchange our client received an amount that exceeded the price it paid for the property in addition to the client's attorney's fees and costs.
• Title issues - Successfully represented property owner against two defendants that claimed ownership of the same property. A Suit to Quiet Title was filed on behalf of the client against the defendants for a declaratory judgment awarding title to the property to client. Judgment was obtained awarding title to the property to the client.
• Fraud in Real Estate - Successful representation of client (Plaintiff) in suit alleging causes of action for Fraud in a Real Estate Transaction and Common Law Fraud, among others, wherein client was defrauded out of her money involving a real estate transaction. The Firm obtained a judgment against the Defendants for nearly twice the amount that client had lost.
• Evictions - The Firm has successfully represented numerous clients in eviction (forcible detainer) lawsuits. The Firm represents landlords attempting to regain possession of their property as well as tenants seeking to maintain possession.

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