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A Litigation Guarantee is Important for Real Property Cases

Anand Law PC > REAL ESTATE > A Litigation Guarantee is Important for Real Property Cases

DO I NEED A LITIGATION GUARANTEE IN LAWSUITS INVOLVING PROPERTY?

At Anand Law PC, we are both real estate attorneys and real estate brokers. Combining expertise, we add value, reduce overall cost, and maximize efficiency for our clients involved in real estate disputes. These disputes often arise between co-owners, neighbors, and lenders. When parties disagree as to the ownership of real property, quiet title, partition, and foreclosure actions can be used to force a resolution. Examples of these types of disputes include disagreement as to who holds title or how much they hold, and disagreement as to the the priority of liens. In any of these types of disputes, it is important to consider, and almost always important to obtain, a litigation guarantee.

LITIGATION GUARANTEE

An action for partition will not be effective as to parties that are not named in the lawsuit. Thus, it is critical that all lienholders (e.g. lenders, judgment creditors), co-owners, lessees, and others with possible claims to the land are all named in the lawsuit. Depending on the situation, it may be prudent for parties to attempt negotiation before filing a lawsuit.  Secured lenders should be notified in order to avoid defaults, and to try to reach an agreement as to their treatment in the pending sale.

A Litigation Guarantee is a type of title insurance policy that protects a co-owner against claims from unknown parties. Essentially, the Litigation Guarantee provides information on all parties that claim interest to the subject land, and is the best way to determine all lien claimants. The Litigation Guarantee also provides information on the priority of the liens held. If, after completion of the partition or quiet title action, a party comes forward that was not listed in the Litigation Guarantee policy, the title insurance company is responsible for defending against these claims.

A Litigation Guarantee is a complex title insurance policy. Contact Anand Law PC for experienced, aggressive & practical representation regarding your real property matter. We have helped homeowners and commercial property owners / lessees with real estate issues in Los Angeles, Orange, San Bernardino, Riverside, San Diego, San Luis Obispo and Santa Barbara counties, and have successfully litigated real property disputes on behalf of both plaintiffs and defendants, in both State and Federal Courts, including ownership disputes, lien priority disputes, and fraudulent transfers / fraudulent recordings. We will evaluate your situation to determine if negotiation, litigation (in State, Federal or Bankruptcy Court), or a combination of the foregoing is the best solution for you. Contact us today.

Anand Law PC is composed of attorneys, business/financial strategists, and real estate brokers.   We represent parties with real property matter, and act as a court appointed Partition Referee throughout California, including in the cities and areas of Los Angeles, Pasadena, Arcadia, Burbank, La Canada Flintridge, Covina, West Covina, Downey, Santa Monica, Glendale, Eagle Rock, Hollywood, Atwater Village, Echo Park, Glassell Park, Loz Feliz, Silverlake, Highland Park, Boyle Heights, Hancock Park, Cheviot Hills, Koreatown, Miracle Mile, Mid City, Venice, Van Nuys, Encino, Studio City, Sherman Oaks, Panorama City, North Hills, West Hills, Thousand Oaks, Calabasas, Granada Hills, Long Beach, Glendora, Anaheim, Inglewood, Santa Ana, Beverly Hills, Pomona, Marina Del Rey, Playa Del Rey, Mar Vista, Culver City, Cheviot Hills, Holmby Hills, Westchester, El Segundo, Hermosa Beach, Redondo Beach, Manhattan Beach, Huntington Beach, Orange, Irvine, Costa Mesa, Newport Beach, Moorpark, Fresno, Stockton, San Francisco, Berkeley, and communities throughout Los Angeles, Orange, Santa Barbara, Riverside, San Bernardino, San Luis Obispo, San Diego, Ventura, San Francisco, Alameda, and Mendocino Counties.

The information on this site is provided for informational purposes only and does not constitute legal advice. The information contained is not intended to be a complete recitation of the law, and is provided only as general information in an area—it may not contain all nuances of the law, and is not guaranteed to be correct or complete.  Anand Law PC (“ALPC”) expressly disclaims all liability in respect to actions taken or not taken based on the information contained in the FAQ.

We invite you to contact us for more information by calling 323-325-3389, or submitting our contact form here. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established by a signed legal services agreement. Unless and until you and ALPC formally establish an attorney-client relationship, ALPC does not represent you in any manner, and has no duty to you.  Further, any email or other correspondence sent prior to a formal relationship being established, and without request from ALPC, will not be privileged or confidential, and subject to disclosure to other parties. Please review our complete Terms of Use.