Real Estate Litigation
The Firm has extensive experience in mortgage foreclosure and lien priority litigation, commercial lease litigation and evictions, real estate title insurance claims litigation, slander of title claims, trespass claims and issues relating to environmental liabilities and toxic tort claims. We have represented landlords, tenants, real estate purchasers and sellers, as well as banking institutions. We have litigated for our clients various real estate related matters, such as deposits, construction issues, casualty claims and hurricane claims, first party insurance matters, breach of lease and eviction matters, purchase and sale agreements, rescission and specific performance, surveying and title insurance lien priority errors, mortgage priority disputes, construction lien disputes, fraudulent construction liens, and other matters. We represent shopping center and mixed use developers as well as office landlords and tenants, contractors, and residential owners.
David Haber had the distinction of litigating and arguing the issue of equitable subrogation in a fraudulent mortgage scheme case to the Florida Supreme Court in Fishbein v. Palm Beach Savings & Loan Ass'n., the pre-eminent case in Florida in the last 50 years on the extent that a lender can defeat homestead protection in light of a fraud upon the lender. Mr. Haber is the past Chair of the ABA’s Title Insurance Claims Committee and has represented both title insurers and insureds during his career. In addition, Mr. Haber represented the lenders in a complicated multi-lender $260 Million mortgage foreclosure litigation for the Omni Hotel and Shopping Center Complex in downtown Miami, which was fiercely litigated before it was settled with the borrower.
Roger Slade has over twenty-five (25) years of legal experience representing lenders in mortgage foreclosure litigation, receivership proceedings, priority disputes, rescission and specific performance claims in the purchase and sale of real estate, deposit and broker fee disputes, landlord-tenant disputes and eviction proceedings and other real estate-related litigation.