Atlanta Real Estate Disputes Lawyer

Resolving real estate disputes encompasses a large portion of our practice. Our clients – developers, lenders, landowners, contractors, property managers, loan participants, home owners’ associations and corporate tenants – trust us to navigate them through their disputes to a successful resolution. Whether that resolution takes place through direct negotiation, mediation, arbitration or trial, we have the skill set, experience and persistence necessary to achieve the maximum outcome and avoid unnecessary risks.

Landlord/Tenant Disputes

Our practice in this area is focused upon Landlord Representation.

Lender/Borrower Disputes

Our attorneys represent banks, lenders and borrowers in lending disputes. We represent banks and lenders in foreclosure actions (with and without deficiency proceedings); receiverships; guaranty enforcement; lender liability and bad faith defense. We also represent banks and lenders in collection on their past-due accounts. For borrowers, we provide guarantee and foreclosure defense. Additionally, we represent borrowers in pursuing lender liability and bad faith claims against lenders.

Recent Case: We represented a mortgage lender in pursuing a lender liability claim against its bank while it strategically defaulted on its line of credit. As a settlement, we secured a 65% write down of the principle balance without any penalty to the personal guarantor.

Construction Disputes

Our construction disputes practice includes representing contractors, architects, engineers and builders in Contract Disputes; professional liability claims; products liability and warranty claims; negligent construction; public and private surety bond claims; construction liens; and acceleration and delay damages claims.

Title and Lien Priority Disputes

In this practice area, our attorneys represent various real property interests in disputes that include lien and ownership priority; foreclosure; property association liens and foreclosure; easement rights; mechanic lien rights; adverse possession; boundary disputes; nuisance and trespass claims; eminent domain disputes, including fair market value determination; tax lien foreclosure; quiet title actions; and other disputes over title and lien priority.

Recent Case: Utilized creative litigation strategy involving quiet title actions for a real estate investor to assemble broken condominium complex.

Contractual Rights Disputes

We also represent parties in litigating real estate contract disputes between (1) purchasers and sellers of real estate, (2) partners or members of partnerships including disputes involving participation rights; (3) disputes involving real estate sales contracts, (4) property management and operating agreement disputes; and (5) brokerage commission disputes and more. For more information, please see our Contract Disputes section.

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Client Reviews
"Todd took over the case within weeks of trial, and crafted a trial strategy and crystal-clear message that impressed our jury. Todd skillfully presented our case and masterfully cross-examined opposing witnesses. By the time of trial, Todd understood the facts, contracts and legal theories better than anyone involved in the case, and over the one-week trial, presented it in a way the jury could understand." Dick W.
"Todd won a $400k judgement for me with less than 30 days to prepare. In another case he defended me against a bank with the result being the bank officer resigned and a third party agreed to pay me a significant settlement." Richard
"Mr. Poole works especially hard to understand the matter prior to taking action, and is able to weigh the cost of legal action versus the likelihood of collection. His focus on relationship building and being seen as an extension of the service our credit union provides, is a real benefit. I highly recommend Todd Poole." A.A.