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Real Estate Litigation - Santa Barbara

Real estate litigation is any type of dispute arising out of real property or an interest in real property. Real estate litigation could include a dispute that arises during the acquisition of property or it could be a dispute arising out of ownership rights or other interest in a property.

Example: a dispute arising out of the acquisition of property could be as simple as a dispute relating to the purchase and sale that is essentially a dispute that's part of the purchase and sale agreement and the terms as to what the parties agreed to. And what would be delivered and what would be done before the sale or in connection with the sale, what was represented before the sale. You also could have disputes about whether material defects were with the property were disclosed to the purchaser in the context of a residential or even a commercial transaction.

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Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property.

There are three methods of Partition provided by state law: (1) Partition by Physical Division, (2) Partition by Sale, and (3) Partition by Appraisal.

A Partition action is a legal action filed in Court that names all parties who have or claim an interest in the subject property, including owners, lienholders, lenders, and holders of future estates. The action commences with the filing of a Partition complaint, which is filed and served on all named defendants. The Partition action then proceeds like a standard civil lawsuit, except there is no right to a jury trial on the issue of Partition. The Partition action proceeds as a court trial and a judge renders a decision on the determination of interests of the parties and the manner of Partition. The judge will also appoint a referee to make recommendations and oversee the Partition process.

Call 805-618-4400 for a free phone consultation with an experienced Santa Barbara Real Estate Attorney to discuss how we can help you.


One of the most contentious and financially consequential types of real estate litigation actions is a quiet title action, which are often far from being quiet affairs. A quiet title action is one in which one party who has an interest in a piece of real estate brings a lawsuit against another party claiming to have an interest in that property, in which the requesting party (the plaintiff) is asking the court to rule that the other party (the defendant) does not actually have the claimed interest. If successful, the court will rule that the defendant does not have the property interest, and will officially grant the plaintiff a ruling which will allow that plaintiff to ignore the defendant's claimed interest, whether they stay on the property or are attempting to sell it.

The parties in a quiet title action can be parties who both claim to own and thus have the right to possess the property, or one party might merely have a limited interest, such as a lease on the property, an easement, or a lien via a mortgage. As with any claim, California courts will require that a party bring a quiet title action with the applicable statute of limitations.

Call 805-618-4400 for a free phone consultation with an experienced Santa Barbara Real Estate Attorney to discuss how we can help you.


Real estate fraud is where one person or party commits fraud in connection with the purchase, sale, rental or financing of real estate property. Real estate fraud is a crime under state and federal laws and can result in jail or prison sentences.

A party can commit this fraud at several different stages of a given real estate transaction. Some of these may include at the appraisal, closing, and foreclosure proceedings.

States have adopted many different laws and legal theories to prosecute offenders of this crime.

Call 805-618-4400 for a free phone consultation with an experienced Santa Barbara Real Estate Attorney to discuss how we can help you.

Contact an Experienced and Innovative Santa Barbara Real Estate Lawyer

For additional information about Real Estate, or to discuss your particular situation with an experienced Santa Barbara Real Estate attorney, schedule a free initial phone consultation to see if we are the right law firm for you. Call 805-618-4400, or, if you prefer, fill out our intake form and we will contact you to schedule a confidential consultation.

Mr. Landeros has earned a reputation throughout the Santa Barbara County area for providing quality representation that is tailored to the needs and economical well-being of his clients. His no-nonsense style is appreciated by both his clients and the courts. His goal is to resolve your problem as efficiently and effectively as your circumstances will allow.

Remember...we can't help you if you don't call. You owe it to yourself to call us today.

Call 805-618-4400 for a free phone consultation with an experienced Santa Barbara Real Estate Attorney to discuss how we can help you.


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