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From representing many of the nation’s largest developers and lenders in complex real estate class actions to serving as lead litigation counsel around the country for some of the nation’s top title insurance companies, Carlton Fields has teams of lawyers experienced in litigating the significant issues confronting the real estate industry today. As described in the separate sections below, our attorneys have particular experience handling matters for:
Title Insurers and Their Insureds
From January 2008 to June 2009, Carlton Fields handled over 175 matters for its title insurer clients. We have served as lead counsel in complex title matters encompassing 17 states across the country. Our attorneys have handled claims for every major title insurer in Florida and Georgia. Our attorneys serve as lead litigation counsel for many of the nation's top title insurers in matters such as:
- Class action defense
- Closing protection letter disputes
- Coverage disputes
- Defalcation actions
- Market conduct and unfair trade practice disputes
- Regulatory compliance and administrative litigation
- RESPA compliance and litigation
- Title and closing agent disputes
Click here for Representative Matters Involving Title Insurers & Their Insureds
Developers and Homebuilders
Carlton Fields defends developers and homebuilders against the efforts of condo “flippers” or real estate speculators trying to recover forfeited deposits and refusing to close on contracts due to the downturn in the real estate market. Our attorneys have substantial experience in:
- Developing and implementing strategies to defend claims based upon:
- Federal Interstate Land Sales Full Disclosure Act (ILSA)
- Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA)
- Florida’s “civil theft” statute
- Florida’s Condominium Statute
- Fraud, contract, tort claims for rescission, refund, declaratory judgment and other actions to obtain the deposit
- Claims of construction defects in homes and condominiums
- Contract and general business litigation involving construction of site improvements
- Implementing strategies to recover on its clients’ attorneys fees from speculators who sue for a refund
- Assisting clients in recovering or maintaining earnest money deposits in large commercial or raw land transactions that have failed to close
Click here for Representative Matters Involving Developers & Homebuilders
Lenders
We have represented banks, insurance companies, commercial lenders, secured lenders, and indentured trustees in connection with:
Distressed Loans
- Foreclosures and receiverships
- Bankruptcy
- Workouts
Regulatory Compliance Litigation
- Class action litigation
- Regulatory compliance litigation
- Fair lending litigation
- RESPA (Real Estate Settlement Procedures Act) & TILA (Truth In Lending Act) compliance and regulatory litigation
- Home Ownership Equity Protection Act (HOEPA) compliance and regulatory litigation
- HMDA (Home Mortgage Disclosures Act) compliance and regulatory litigation
- FCRA (Fair Credit Reporting Act) compliance and regulatory litigation
- ECOA (Equal Credit Opportunity Act) compliance and regulatory litigation
- FDCPA (Fair Debt Collections Practices Act) compliance and regulatory litigation
Servicing and Origination
- Loan and mortgage servicing
- Loan and mortgage origination
Click here for Representative Matters Involving Lenders
Landlords and Tenants
Our attorneys have experience handling matters for landlord and tenant clients, including:
Landlords (for commercial retail and office locations):
- General tenant performance issues
- Monetary defaults under lease
- Non-monetary defaults under lease
- Common Area Maintenance (CAM) issues
- Insurance obligations under lease
- Government permitting issues
- Exclusive use provisions
- Restrictive covenants
- Rent escalation clause issues
- Eminent domain/condemnation defense
- Real estate tax challenges
Tenants
- Landlord construction obligations
- Liquidated damages issues
- Common Area Maintenance (CAM) expense and performance issues
- Government permitting issues
- Insurance obligations under lease
- Real property, personal property, and sales tax issues
- Exclusive use provisions
- Restrictive covenants
- Eminent domain/condemnation defense and apportionment
Click here for Representative Matters Involving Landlords & Tenants
Shopping Center Anchor Tenants
In a recent survey conducted by Corporate Counsel magazine, a major
supermarket chain in the Southeast selected Carlton Fields
as their “go to” law firm for real estate litigation.
The group has represented shopping center anchor tenants, including major supermarket chains, in matters including:
- Mercantile exclusive litigation
- Common Area Maintenance (CAM) litigation
- Renewal option litigation
- General landlord/tenant disputes
- Hurricane damage and failure to repair litigation
Click here for Representative Matters Involving Shopping Center Anchor Tenants
Media Companies
We regularly represent international media companies in matters relating to:
- Land use and contractual litigation
- Challenges to sign ordinances
- Enforcement of settlement and variance agreements with local governments
- Eminent domain
- Lease disputes with landowners
- Acquisitions of easements
- Governmental relations work, including:
- Permitting
- Negotiation of relocation and other agreements related to billboard signs and advertising transit shelters
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