Real Estate

McCabe & Vaughn, P.A. is devoted to commercial and residential real estate related matters, including real estate acquisitions, loans, leases, foreclosures, and litigation. Contingent upon the specific transaction, the Firm may represent any party associated with a deal, varying from seller to buyer, lender, broker, developer, or title insurance company.

The Firm’s attorneys are regularly asked to represent lenders and borrowers on loan transactions. Such loans are typically secured by real estate, receivables, equipment and inventory, although occasionally secured loan requests involve special creative financing attributes. The Firm represents a variety of developers, including developers of P.U.D.’s, office buildings, warehouses, condominiums and other types of properties.

In addition to the litigation activities of the Commercial Litigation and Insurance Litigation Practices, our Real Estate litigators regularly practice in the full spectrum of Real Estate Litigation including real property contract disputes, commercial and residential foreclosures, commercial and residential landlord-tenant litigation, homeowners associations and condominium law, title insurance litigation, eminent domain, inverse condemnation litigation, quiet title litigation, telecommunication tower litigation and appeals of municipality and administrative final agency action related to real estate.

Our Real Estate attorneys also work closely with our Government, Environmental and Land Department regarding that Firm’s major developers and other real estate-related clients.

Lender Assets

At McCabe & Vaughn, P.A. we bring a multi-disciplined approach to representing lenders, developers and investors with troubled loans, loan portfolios and distressed properties.

Such representation includes representing lenders in the negotiation of loan workouts and forbearances agreements, as well as in mortgage foreclosure actions, deficiency actions and bankruptcy proceedings.  We pay close attention to maximizing the recovery of our lender clients under their loan documents while protecting our clients from potential claims by borrowers and third parties.

We are successful in negotiating loan purchase agreements or real estate purchase agreements for our investor clients with lenders that provide sufficient disclosures and representations from the sellers that allow our clients to make well reasoned decisions and to take advantage of the current market to obtain properties at favorable prices.  Such representation also includes thorough due diligence review on behalf of our clients including review and evaluation of loan documents, land use and zoning review, review of the state of title, assessment of bankruptcy risks as well as review and assessment of condominium and homeowner association documents and possible liabilities arising under the condominium and homeowner statutes.

Title Insurance

As a vital component of our real estate transactional practice, we routinely assist clients by examining title searches, preparing title opinions, and reviewing the status of title reports. We also serve as approved attorneys to issue title insurance commitments and policies on behalf of major national title insurance underwriters.

Lease Contracting

Our Attorneys also negotiate and draft real estate lease agreements to fit your needs.  Before signing a lease contract, you may consult with our attorneys to make sure that your legal rights are preserved and that your particular circumstances are addressed.  The best time to make sure you are adequately represented in a contractual relationship is before the contract is signed.  Our firm can handle your residential or commercial landlord tenant issues.  Whether you own residential or commercial real estate, or you are seeking to lease residential or commercial real estate, we are here to help you with all of your legal needs. 

Eviction Actions

Attorneys at McCabe & Vaughn, P.A. can assist you in your Landlord Tenant issues, whether you are seeking to evict a tenant or you are being evicted.  If you are being evicted, we can assist you in preserving your due process rights to attack the sufficiency and legality of the eviction action you are facing.  For property owners, we can assist you in preserving your rights as a landlord, and protecting the profitability of your businesses.