Real Estate Litigation Attorney | Nemovi Law Group, APC

Overview

Litigation Rooted in Transactional Depth

Real estate litigation typically arises at the intersection of failed transactions, disputed title, defaulted loans, and construction or improvement disputes. Effective representation in these matters requires an attorney who understands not just litigation procedure, but the underlying legal framework governing deeds of trust, lien priorities, foreclosure, and real property rights in the relevant jurisdiction. Nemovi Law Group brings that substantive depth to every matter we litigate.

We appear in California state courts across all counties and in all four federal districts — Northern, Eastern, Central, and Southern California. Our litigation clients include mortgage lenders, mortgage servicers, real estate investors and developers, title companies, and businesses with real estate disputes arising from transactions or construction activity. We defend lenders against wrongful foreclosure claims and RESPA/TILA litigation, prosecute and defend mechanics lien and payment bond disputes, and handle quiet title and title defect matters requiring judicial resolution.

Our approach to litigation is direct and cost-conscious. We assess exposure honestly at the outset, identify the strongest defenses and claims early, and pursue resolution — through pre-litigation demand, motion practice, or trial — in a manner proportionate to the matter's value and the client's risk tolerance.

Services

What We Handle

Wrongful Foreclosure Defense

Defense of lenders and servicers against borrower claims alleging procedural defects, HBOR violations, dual tracking, improper beneficiary, or fraudulent foreclosure proceedings.

Quiet Title Actions

Prosecution and defense of quiet title actions to establish ownership, remove clouds on title, and resolve competing claims to real property.

Mechanics Lien Litigation

Prosecution and defense of mechanics lien claims under California Civil Code §8000 et seq., including lien foreclosure actions, release bonds, and priority disputes.

Title Dispute Resolution

Litigation of title defects, competing deed claims, fraudulent deed of trust issues, and disputes arising from errors in the chain of title.

RESPA / TILA Litigation Defense

Defense of servicers and lenders against borrower claims under RESPA, Regulation X, TILA, and the California Rosenthal Act arising from servicing practices or loan origination.

Surplus Funds Disputes

Representation of lienholders and interested parties in disputes over foreclosure sale surplus funds in California, including interpleader proceedings and priority determination.

Contract & Transaction Disputes

Breach of purchase and sale agreement, breach of lease, earnest money forfeiture, and disputes arising from failed or contested commercial real estate transactions.

Deed of Trust Reformation

Judicial reformation of deeds of trust containing errors in legal description, beneficiary identification, or other material terms that require court correction to be enforceable.

Representative Matter Types

The Work We Do

The following represent the types of matters we regularly handle. No client names or confidential information is disclosed.

—Defense of a California mortgage servicer in a wrongful foreclosure action alleging HBOR dual tracking violations and failure to provide a single point of contact, resulting in dismissal on motion.
—Mechanics lien defense for a general contractor client in a complex multi-party dispute involving competing subcontractor lien claims on a commercial construction project in Riverside County.
—Deed of trust reformation action in the Central District of California to correct an erroneous legal description that rendered the security instrument unenforceable against a junior lienholder.
—Surplus funds dispute in Sonoma County Superior Court involving competing claims from judgment lienholders and subordinate deed of trust beneficiaries following a non-judicial foreclosure sale.
—Quiet title action to remove a fraudulently recorded deed of trust from title following an investigation revealing the instrument was forged.
—Defense of a lender in RESPA and Rosenthal Act claims arising from disputed escrow accounting and alleged failure to respond to a qualified written request within the regulatory timeframe.
—Breach of purchase and sale agreement claim prosecuted on behalf of a commercial buyer following seller's refusal to close on a multi-unit investment property, including recovery of earnest money and consequential damages.

Frequently Asked Questions

Real Estate Litigation FAQ

What is a wrongful foreclosure claim and how is it typically defended?

A wrongful foreclosure claim alleges that a lender or servicer conducted a foreclosure in violation of applicable law — either through procedural defects (improper notice, failure to comply with HBOR, dual tracking) or substantive grounds (challenging the lender's authority to foreclose). Defense typically focuses on demonstrating that the lender complied with all statutory requirements, that the borrower had no viable loss mitigation option, and that any procedural irregularity was harmless. Many wrongful foreclosure claims are susceptible to early dismissal through demurrer or motion to dismiss when the complaint fails to allege specific actionable defects.

What is a mechanics lien and what are the deadlines for filing one?

A mechanics lien is a security interest in real property granted to contractors, subcontractors, suppliers, and laborers who contribute work or materials to the improvement of that property. Under California Civil Code §8412, a direct contractor must record a mechanics lien within 90 days after completion of the work of improvement, or within 60 days after the owner records a notice of completion or cessation. Subcontractors and suppliers have 30 days from the recording of a notice of completion. These deadlines are strictly enforced — a late lien is unenforceable. Preliminary notice must also be served on the owner at the outset of the project to preserve lien rights.

What is a quiet title action and when is it necessary?

A quiet title action is a judicial proceeding to establish the plaintiff's title to real property against adverse claims. It is necessary when there is a recorded instrument — a deed, lien, or other document — that creates a cloud on title that cannot be removed through administrative means. Common triggers include fraudulent or forged deeds of trust, disputed boundary claims, ambiguous property descriptions, unreleased old liens, and competing ownership claims from heirs or co-owners. A court judgment in a quiet title action can be recorded to clear the title record and restore marketability.

What are surplus funds from a foreclosure sale and who is entitled to them?

When a property is sold at a trustee's sale for more than the amount owed to the foreclosing lender (plus costs), the excess proceeds are "surplus funds." Under California law, those funds are distributed to subordinate lienholders in order of lien priority, with any remaining balance going to the former property owner. Disputes arise frequently when multiple parties — judgment creditors, junior deed of trust beneficiaries, tax lien holders — claim priority to the surplus. These disputes are resolved in interpleader proceedings where the trustee deposits the funds with the court and the competing claimants litigate priority.

What is deed of trust reformation and when is it needed?

Deed of trust reformation is a judicial remedy that corrects a material error in an existing deed of trust — such as an incorrect legal description, wrong parcel number, or misdescribed beneficiary — to conform the instrument to the parties' actual intent. Reformation is necessary when the error is material enough to create an enforceability problem, particularly in the context of a foreclosure, title dispute, or junior lien priority contest. The standard of proof for reformation is clear and convincing evidence that the instrument as recorded does not reflect the mutual intent of the parties.

Do you handle real estate litigation in federal court?

Yes. We appear in all four California federal districts — Northern, Eastern, Central, and Southern. Federal court jurisdiction in real estate matters typically arises from RESPA, TILA, FDCPA, or other federal statutory claims, or from diversity jurisdiction in disputes between parties from different states. Many wrongful foreclosure cases are initially filed in state court and removed to federal court by the defendant lender. We handle both the state and federal dimensions of these matters.

Real EstateLitigation