In a complex legal battle involving the interpretation of covenants within a master-planned community, our client, a newly established condominium association, faced an unexpected foreclosure from a lender. This lender had previously financed the construction of the condominiums and attempted to foreclose on several acres of land integral to the community—a move our client contested.
Our highly skilled legal team meticulously analyzed the horizontal property regime (HPR) documents, common element descriptions, property deeds, and mortgage releases associated with the condominium units.
Our findings unequivocally demonstrated that the attempted foreclosure was invalid.
The land in question was a common element of the condominium association, and the security interests tied to the original loan had been extinguished upon the sale of the units.
Despite our clear communication and presentation of evidence to the contrary, the lending institution disregarded our appeals. This compelled us to initiate legal action against the bank. Leveraging our knowledge of real estate law, condominium law, and foreclosure law, we swiftly secured a summary judgment in favor of our client.
This legal victory reaffirmed the association’s rightful ownership and underscored the importance of diligent legal scrutiny and advocacy in real estate and condominium association matters.
This case is a testament to our firm’s unwavering commitment to defending property rights and interpreting complex covenants within planned communities. We work to ensure the protection and preservation of our clients’ property and legal rights through meticulous preparation, strategic litigation, and steadfast dedication to our clients’ interests.
Are you facing legal challenges with your property or concerned about property rights? Discover how the dedicated team at McCullough Khan Appel can provide the expert guidance and representation that you need. Explore our Property and Property Contract Disputes and Commercial, Business and Contractual Disputes services and learn more about some of our successes in other contract disputes.
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