Benjamin Law Offices represents parties involved in many types of commercial real estate transactions, disputes and litigation.
Our attorneys handle real property transactions, disputes and litigation related to, among other things: agency issues, option contracts, rights of first refusal, deeds, real property financing (deeds of trust), subordination agreements, adjoining landowners, and purchase and sale agreements (both purchasers and sellers), and establishing and expunging lis pendens. We have advised on and litigated cases seeking all types of real property remedies such as damages, specific performance, rescission, reformation, cancellation of instruments, and quiet title. We are familiar with restrictions on remedies in California such as the antideficiency and one-action laws.
“The limited liability company debtor attempted to undo a client’s validly conducted non-judicial foreclosure sale of commercial real property by filing Chapter 11 bankruptcy and also filing suit for wrongful foreclosure and other claims in state court. The debtor did not comply with bankruptcy requirements, and the disclosures made by the debtor in bankruptcy filings were inconsistent with key allegations in the state court case. Based on the firm’s advice and briefing, the debtor had no choice but to dismiss both the bankruptcy and the state court case.”
The firm represents numerous contractors. We assist our contractor clients in perfecting their mechanics’ liens and filing actions to enforce those mechanics’ liens. We understand how a property owner’s bankruptcy filing can impact mechanics’ liens, and we have represented contractor clients in bankruptcy cases to protect and enforce their mechanics’ lien rights.
We represent clients with voluntary and involuntary liens on real property owned by others. We establish real property liens for our clients by recording deeds of trust or abstracts of judgment. We pursue appropriate remedies to enforce those liens, when necessary, including judicial foreclosure, non-judicial foreclosure, levies of writs of execution on real property to enforce judgments, and receivership. We also defend actions to enforce liens against a landowner’s real property. We defend cases where the lender or foreclosure trustee has been accused of wrongful foreclosure of commercial real property or violating the foreclosure requirements of the California Civil Code.
The firm also advises our business clients regarding commercial leases and landlord/tenant issues.
Finally, we represent individuals in real estate partnerships, joint ventures and limited liability companies in disputes with each other related to acquisition, ownership, management and sale of real property.