Some people who contact our office with a Real Estate Litigation matter think that they'll hire us and then we'll be in court the next week. But that's not the reality of the situation. Complex real estate matters require weeks of research and investigation of deeds, title, and documents to ensure adequate representation. Because of the time involved our office the following step by step sequence to put our clients on a pathway to success.
First, we send a Demand Packet to the opposing consisting of the facts, a little law, and our demands with a deadline for response.
Second, while we wait for the opposing party to respond, we dive further into the case, researching the law, documents and title to the property.
Next, if our clients (along with our professional opinion) are unsatisfied with the response that we receive, then we proceed to filing a lawsuit. In general, the opposing party has 28 days to file an answer to our lawsuit. At this point, we enter the "Discovery Phase" and this is where both parties exchange all of the documents that they have and we take depositions of the opposing party if necessary.
Then, both parties prepare and respond to the Motion for Summary Judgment. And ususally, this is the first time the clients are in court, which is approximately 6 to 9 months after the case was filed. Depending on the outcome of the Motion for Summary Judgment, the case may proceed to Trial or settle short of Trial.
Real Estate Litigation is serious business. If you have a complex real estate litigation matter and you need help feel free to contact us at 740.346.2899.