Free-Reprint Article Written by: Austen Koberstein See Terms of Reprint Below.
***************************************************************** * * This email is being delivered directly to members of the group: * * [email protected] * ***************************************************************** We have moved our TERMS OF REPRINT to the end of the article. Be certain to read our TERMS OF REPRINT and honor our TERMS OF REPRINT when you use this article. Thank you. This article has been distributed by: http://Article-Distribution.com Helpful Link: The Digital Millennium Copyright Act - Overview http://www.gseis.ucla.edu/iclp/dmca1.htm --------------------------------------------------------------------- Article Title: ============== Why Parties Engage in Real Estate Litigation Article Description: ==================== Owning a home is a big part of the American Dream. For many people, this will be their ultimate investment. Therefore, it is no wonder that homeowners do not blink twice when it comes to protecting their most valuable possession. These days, real estate litigation is to the property owner, what the mamma bear is to her cub. Additional Article Information: =============================== 712 Words; formatted to 65 Characters per Line Distribution Date and Time: 2007-01-09 11:00:00 Written By: Austen Koberstein Copyright: 2007 Contact Email: mailto:[EMAIL PROTECTED] For more free-reprint articles by Austen Koberstein, please visit: http://thePhantomWriters.com/free_content/d/index.shtml#Austen_Koberstein ============================================= Special Notice For Publishers and Webmasters: ============================================= If you use this article on your website or in your ezine, We Want To Know About It. Use the following URL to let us know where you have used this article, and we will include a link to your website on thePhantomWriters.com: http://thephantomwriters.com/notify.php?id=4174&p=load HTML Copy-and-Paste and TEXT Copy-and-Paste Versions Of Article Are Available at: http://thePhantomWriters.com/free_content/db/k/real-estate-litigation.shtml#get_code --------------------------------------------------------------------- Why Parties Engage in Real Estate Litigation Copyright (c) 2007 Austen Koberstein The Law Offices of Joseph J. Nardulli http://www.JosephNardulli.com Owning a home is a big part of the American Dream. For many people, this will be their ultimate investment. Therefore, it is no wonder that homeowners do not blink twice when it comes to protecting their most valuable possession. These days, real estate litigation is to the property owner, what the mamma bear is to her cub. Real estate litigation has become front and center in the news, thanks to a man named Donald Trump. When city officials from Palm Beach, Florida proclaimed that the American flag he was flying on his property violated zoning laws (among other things), he decided to sue them rather than take down his flag. Trump's lawsuit accuses the city of "selectively enforcing its ordinances" since flags in other parts of the city are also in violation. Trump stated in October, "The day you need a permit to put up the American flag, that will be a sad day for this country." The outcome of the lawsuit remains to be seen, but let's hope "The Donald" is right. Trump is not alone in his frustration over seemingly petty issues involving real estate. A number of people found out the hard way that their neighborhood Homeowners Associations (HOAs) have some pretty ridiculous stipulations in their Covenants, Codes and Restrictions (CC&Rs). For instance, an elderly lady in Long Beach, California, who walked with a cane, racked up hundreds of dollars in fees for simply walking her cocker spaniel on a leash through her condominium's lobby. Apparently, the HOA rules stated that all dogs must be carried. A California couple found themselves in real estate litigation because their HOA foreclosed on their home because they had failed to pay their HOA dues. One of them had fallen seriously ill and they had neglected to pay the $120 annual fee for the first time in 6 years. Instead of alerting the couple, the HOA gave them 30 days to vacate the premises. Luckily, a real estate litigation attorney stepped in to help them and managed to save their home. Homeowners Associations are also notorious for not following their own rules. One Florida woman's HOA tried to have her removed from the community's swimming pool because she was wearing a thong bikini. They went so far as to call the police. However, there was nothing in the CC&Rs stating that thong bikinis could not be worn at the swimming pool. The police left without any incident. This is a classic case of abuse of authority. She is now suing her HOA for emotional distress as well as negligence of some of their own contractual obligations. As further proof of the bullying tactics used by some HOAs, one newly formed HOA in Arizona tried to subject current lot owners in the subdivision to mandatory membership. However, through real estate litigation, the current homeowners in the neighborhood were able to prevent this from happening. It seems there were no recorded deed restrictions outlining this so-called required membership. Conflicts with homeowners associations are not the only issues handled through real estate litigation, though. There are numerous, more serious situations in which this type of litigation comes into play. One such example has to do with boundary disputes between lot owners. Encroachment issues are usually discovered when a property changes hands or when fences are put up between houses. While no one likes the thought of beginning a legal battle with the neighbors next door, property lines do matter. Real estate litigation is a logical option in cases where there is an uncooperative party involved. Also, title issues can be a very serious matter. Nothing can hinder a property exchange quicker than discovering an unrecorded deed or an outstanding lien on the property in question. Real estate litigation is often involved in clearing up what is sometimes called a "clouded" title. Above are some of the most common reasons parties engage in real estate litigation. However, people can turn to this type of litigation for help in resolving almost any problem involving real estate. Buying a home or other property is a huge investment. Protecting this asset as much as possible only makes good financial sense. Sometimes a little legal help is all it takes to prevent the American Dream from turning into a personal nightmare. --------------------------------------------------------------------- Written by: Austen Koberstein. The Law Offices of Joseph J. Nardulli serve business and corporate clients in Orange County and Southern California. They specialize in (http://www.josephnardulli.com/realestatelitigation.html) real estate litigation and (http://www.josephnardulli.com/businesslitigation.html) business litigation. You can learn more about litigation, mediation and arbitration at: http://www.JosephNardulli.com --- END ARTICLE --- Get HTML or TEXT Copy-and-Paste Versions Of This Article at: http://thePhantomWriters.com/free_content/db/k/real-estate-litigation.shtml#get_code ..................................... TERMS OF REPRINT - Publication Rules (Last Updated: May 11, 2006) Our TERMS OF REPRINT are fully enforcable under the terms of: The Digital Millennium Copyright Act http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281.ENR: ..................................... *** Digital Reprint Rights *** * If you publish this article in a website/forum/blog, You Must Set All URL's or Mailto Addresses in the body of the article AND in the Author's Resource Box as Hyperlinks (clickable links). * Links must remain in the form that we published them. Clean links should point to the Author's links without redirects having been inserted into the copy. * You are not allowed to Change or Delete any Words or Links in the Article or Resource Box. Paragraph breaks must be retained with articles. You can change where the paragraph breaks fall, but you cannot eliminate all paragraph breaks as some have chosen to do. * Email Distribution of this article Must be done through Opt-in Email Only. No Unsolicited Commercial Email. * You Are Allowed to format the layout of the article for proper display of the article in your website or in your ezine, so long as you can maintain the author's interests within the article. * You may not use sentences from this article as an input for any software that steals sentences from others in order to build an article with software. The copyright on this article applies to the "WHOLE" article. *** Author Notification *** We ask that you notify the author of publication of his or her work. Austen Koberstein can be reached at: [EMAIL PROTECTED] *** Print Publication Reprint Rights *** If you desire to publish this article in a PRINT publication, you must contact the author directly for Print Permission at: mailto:[EMAIL PROTECTED] ..................................... If you need help converting this text article for proper hyperlinked placement in your webpage, please use this free tool: http://thephantomwriters.com/link-builder.pl ===================================================================== ABOUT THIS ARTICLE SUBMISSION http://thePhantomWriters.com is a paid article distribution service. thePhantomWriters.com and Article-Distribution.com are owned and operated by Bill Platt of Stillwater, Oklahoma USA. The content of this article is solely the property and opinion of its author, Austen Koberstein http://www.JosephNardulli.com --------------------------------------------------------------------- XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ---------------------------------------------------------------------
