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In Depth

Loeb & Loeb’s Real Estate Litigation Practice represents a broad array of clients in complex disputes involving real property in state, federal and bankruptcy courts, as well as in arbitration proceedings and other forums, located throughout the United States. We combine deep knowledge of all aspects of the real estate industry with expertise as skilled and experienced trial attorneys to handle a wide variety of real estate-related litigation and arbitration, including disputes involving title claims and title insurance, mortgage actions, foreclosures, lender liability, zoning and entitlements, environmental claims, commercial leases and related agreements, and fraud and breach of contract. Our clients include title companies and their insureds, lenders, investors, owners, developers, landlords, tenants, mortgage bankers, real estate investment trusts, and other participants in the real estate industry.

Our real estate litigation capabilities cover a diverse range of disciplines.

Title Insurance Defense and Coverage
Our attorneys act as national trial counsel for a number of leading title insurance companies and have substantial experience with all aspects of title insurance litigation arising from insurer liability and title insurance coverage claims. We defend title insurers as well as insured owners and lenders in contentious title matters involving a wide spectrum of title and real property disputes.

Mortgage Lien, Foreclosure and Lender Liability
Loeb & Loeb handles the full spectrum of mortgage foreclosure actions, receivership appointment disputes and lender liability disputes. Our practice also includes the representation of creditors, debtors, committees and trustees in real estate-related bankruptcy proceedings and workouts.

Contracts and Partnerships
We regularly represent clients in disputes related to the interpretation and enforcement of contracts involving real property, including partnership and limited liability company agreements, financing agreements, lease agreements, and real estate purchase and sale agreements.

Land Use and Zoning
Our litigators assist clients with legal challenges related to zoning, entitlements, and other state and federal permits and approvals for the use and development of real property. We handle a broad range of land use actions, including litigation matters and administrative appeals related to easements, CEQA compliance, growth control, Ellis Act, "nexus" disputes and historic preservation issues.

We have extensive experience handling actions involving contaminated properties under a variety of laws, including federal and state Superfund claims and nuisance and trespass claims. Our practice also defends toxic tort, California Proposition 65 and environmental crimes cases, and represents insureds in filing environmental claims under general liability insurance policies.

Landlord and Tenant
We represent clients in complex landlord and tenant disputes over commercial property, including cases involving nonpayment, violations of lease covenants, holdovers, lease expiration and termination, Yellowstone injunctions, lease defaults, capital improvements, rent escalations, and related matters.