Real Estate & Mortgage Litigation Lawyer
Real Estate and Mortgage Litigation Law addresses disputes related to property transactions and financing. This legal field covers a wide range of issues, including breach of real estate contracts, mortgage fraud, title disputes, and zoning issues. Lawyers specializing in this area help clients navigate the complexities of property rights, enforce contracts, and resolve conflicts through litigation or mediation. The stakes are high, as these disputes often involve significant financial sums and pivotal investment decisions. Toronto, with its booming real estate market, sees a substantial volume of such litigations, requiring adept legal expertise to manage the intricacies of provincial and national laws.
Our Mortgage & Real Estate Litigation lawyers bring extensive experience handling a wide range of disputes related to condominiums, commercial leases, joint ventures, partnerships, and syndications involving real property. We have successfully represented clients in land title disputes, adverse possession claims, and matters concerning mortgage and secured debt enforcement. Our team is well-versed in litigating under the Construction Act, skillfully managing construction lien actions, and swiftly removing lien charges from property titles.
At Hashmi Law Group, we specialize in all areas of real estate litigation. We represent a diverse clientele, including developers, financiers, property owners, condominium corporations, and partnerships, in disputes involving land and buildings. Our lawyers are experienced in handling conflicts for buyers and sellers, as well as lessors and lessees, in both commercial and residential real estate matters.
Real estate transactions are often intricate, involving substantial financial stakes and tight deadlines. Disputes may arise when parties fail to meet their obligations before or after closing. Additionally, transactions can be jeopardized by issues such as unsecured funding, undisclosed mortgages, liens, or other encumbrances that prevent the seller from delivering a clear title to the property.
Real Estate and Mortgage Disputes
Real estate disputes can arise from various situations. You may be dealing with a breached agreement of purchase and sale, discovering undisclosed defects in a property you’ve purchased, or facing conflicts with neighbors that require legal assistance.
Our legal team has extensive experience handling a wide range of real estate disputes, including issues related to breached agreements, broken warranties, and latent defects. We frequently manage cases involving claims for specific performance, the registration of certificates of pending litigation, and compensation for damages.
Areas We Deal With:
- Breach of contract/agreement
- Breach of trust
- Breach of fiduciary duty
- Resulting trust
- Constructive trust
- Issues related to joint tenancy
- Issue related to tenancy-in-common
- Issues related to co-ownership
- Ownership issue, including common-law spousal proprietary rights issue
- Non-titled owner’s remedy and enforcement of legal rights
- Partition and sale
- Title and boundary dispute
- Enforcement of mortgage, mortgage dispute, mortgage enforcement, and collection
- Private mortgage, mortgage dispute, mortgage enforcement, foreclosure, power of sale
Why Choose Us
Hashmi Law Group stands out for its expertise in real estate and mortgage litigation, offering personalized and results-driven legal services. With a proven track record of resolving complex cases, the firm is dedicated to protecting your property rights and financial interests. Our experienced attorneys provide strategic solutions tailored to your unique situation, ensuring transparent communication and diligent representation at every step. Whether dealing with foreclosure, contract disputes, or mortgage fraud, Hashmi Law Group combines deep industry knowledge with a client-first approach to deliver optimal outcomes.
Contact us
Based in Toronto, we proudly assist individual and corporate clients across Scarborough, Mississauga, Brampton and other popular places Ontario in a broad range of real estate, business, and litigation matters. To discuss with our experienced lawyers, call us at (905) 503-1486 or (647) 772-8187, or email us at nhashmi.law@gmail.com.
Need help?
Phone: (905) 503-1486 I (647) 772-8187
Toll-Free: 1-(844) 642-7464
Fax: (905) 503-1408
Email: nhashmi.law@gmail.com
Mon – Fri: 9am – 6 pm (Weekends and after work hours appointment available)
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Real estate & mortgage litigation lawyer
What is real estate litigation?
Real estate litigation involves legal disputes related to property transactions, ownership, contracts, land use, leases, zoning, and property rights. Common issues in real estate litigation include breach of contract, title disputes, boundary issues, and construction disputes.
What types of cases do real estate litigation lawyers handle?
Real estate litigation lawyers handle cases such as:
- Breach of contract (e.g., failing to honor agreements in property transactions)
- Issues with new-home builders
- Property ownership disputes (e.g., title issues or co-ownership disagreements)
- Landlord-tenant disputes
- Real estate fraud, misrepresentation
- Issue with buyer/purchaser or seller/vendor
- Issue with real estate agent/broker, mortgage agent/broker, real estate lawyer for fraud, error, misrepresentation, mistake, negligence, professional malpractice related to a real estate transaction
- Construction disputes (e.g., contractor negligence, non-completion)
- Condominium disputes
- Zoning and land use issues
What is mortgage litigation?
Mortgage litigation involves legal issues concerning mortgages, foreclosures, power of sale, defaults, and disputes related to lending agreements. This can include disputes over terms of a mortgage, foreclosure actions, and the rights of borrowers and lenders.
What types of mortgage litigation cases do lawyers handle?
Mortgage litigation lawyers typically handle cases such as:
- Foreclosures (when a lender takes legal action to seize property due to mortgage default)
- Power of sale (a legal process that allows a lender to force the sale of a property in Ontario if the borrower defaults on their mortgage)
- Mortgage default (disputes over missed payments or breach of terms)
- Mortgage fraud (e.g., misrepresentation or fraud in securing a mortgage)
- Loan modification disputes
- Enforcement of mortgage terms
- Disputes between lenders and borrowers
When should I hire a real estate or mortgage litigation lawyer?
You should consult a lawyer if:
- You are involved in a property dispute (ownership, title, or contract breach).
- You have difficulty fulfilling your obligation under a binding purchase and sale agreement, such as not being able to close a transaction on time.
- You have an issue with new home builders, and you want to understand your rights and obligations, especially if you fear that the builder may forfeit your initial deposit and may bring a court proceeding against you for their financial losses and damages.
- One of the parties violated, breached or failed to comply with a binding contract or agreement, such as not closing the transaction on due time, did not intend to fulfill their obligation under a binding contract or terminated the contract without cause.
- You want to establish your legal rights and claim your financial losses against the wrongdoer (for example, against an individual, corporation, borrower, mortgage agent/ broker, real estate agent/broker, lender) who caused you financial loss, pain and suffering.
- You are served with a Statement of Claim by an individual, lender or any entity and you need to prepare, serve and file your defence.
- You have issue with the terms and conditions of a mortgage agreement.
- You have a dispute with an institutional lender such as a bank, credit union, or financial institution.
- You have disputes with a private lender.
- You are facing foreclosure or power of sale and need help managing mortgage-related issues.
- You are served with a Notice of Sale or Statement of Claim by your financial institution or private lender.
- You believe you have been defrauded in a real estate transaction or mortgage agreement.
- You as a private lender want to enforce a mortgage by foreclosure or power of sale to recover your money from a borrower.
- You need advice or assistance with a legal claim involving property, zoning, or construction disputes.
You want to enforce, modify, or dispute terms in a real estate agreement or mortgage contract.
How can a real estate or mortgage litigation lawyer help me?
A lawyer can:
- Offer legal advice and guidance on your rights and obligations.
- Represent you in court or negotiations to resolve disputes.
- Help you understand legal documents such as contracts, deeds, and mortgages.
- Assist with enforcing or challenging a mortgage foreclosure.
- Resolve property disputes through alternative methods such as mediation or arbitration.
How do I prepare for a consultation with a real estate or mortgage litigation lawyer?
Prepare by:
- Gathering any relevant documentation (contracts, mortgage agreements, deeds, etc.).
- Writing down the key facts of your case (dates, events, and any parties involved).
- Identifying your goals (e.g., seeking damages, resolving a title dispute).
- Asking about the lawyer’s experience and approach to your specific issue.
What is the process of a real estate litigation case in Ontario?
The general process includes:
- Initial consultation – Discuss your case with a lawyer.
- Filing a claim – Your lawyer will prepare and file legal documents to initiate proceedings.
- Defence: typically, within 20 days after service (or 40 days if served outside Ontario).
- Discovery – Both parties exchange evidence.
- Negotiation or mediation – Many disputes are settled outside court.
- Examination for Discovery: oral questioning of the opposing party or witness under oath.
- Trial – If negotiations fail, the case will go to trial.
- Appeal – If a party is dissatisfied with the outcome, they may appeal the decision.
What are the costs associated with real estate and mortgage litigation?
Costs may include:
- Hourly rates for the lawyer’s time.
- Fixed fees for specific services.
- Court filing fees and other administrative costs.
- Expert witness fees if applicable (e.g., appraisers, property valuers).
- Necessary disbursements, such as photocopy, courier, mail, process server’s fees
How long does real estate or mortgage litigation take in Ontario?
The duration varies, depending on the complexity of the case, court schedules, and whether the matter can be resolved through negotiation or mediation. Simple cases may take several months, while more complex cases or those going to trial may take over a year or longer.
Can real estate and mortgage disputes be settled out of court?
Yes, many real estate and mortgage disputes are resolved through negotiation, mediation, or arbitration. Settling out of court is often quicker and less costly than going through a full trial.
What are the common outcomes in real estate and mortgage litigation?
Possible outcomes include:
- Settlement through negotiation or mediation.
- Court judgment for one party (e.g., damages, eviction, or foreclosure).
- Dismissal of the case if the evidence is insufficient.
How can I avoid real estate or mortgage disputes?
To minimize disputes:
- Ensure contracts and agreements are clear and thorough.
- Perform thorough due diligence before purchasing property.
- Keep records of all transactions and communications.
- Work with experienced professionals (lawyers, real estate agents) to navigate complex property transactions.
Feel free to reach out HASHMI LAW GROUP AT 905-503-1486 or 647-772-8187 or email nhashmi.law@gmail.com for more specific questions or if you need help finding a lawyer!
Waiver: This FAQ is a general overview, and individual cases may involve more specific nuances. Real estate and mortgage litigation lawyers must have a detailed understanding of the Rules of Civil Procedure R.R.O 1990, Reg. 194 and other applicable laws and rules to effectively represent clients in real estate and mortgage disputes.
