Real Estate

Landlord Tenant Law | Fraud Litigation | Construction Litigation | Banking Litigation | Enforcing Landlord's Rights In Insolvency | Title Litigation

Caiola & Rose has vast experience representing clients in all aspects of real estate litigation and leasing. Our clients include commercial and industrial property owners, property management companies, title insurers, purchasers, contractors and lenders. In addition to negotiating and preparing contracts to facilitate deals, the firm also handles litigation and dispute resolution. Caiola & Rose serves as national counsel to its clients in litigation involving landlord/tenant litigation, title disputes, HOA’s, construction, wrongful foreclosure, lien enforcement and cancellations, boundary lines and easements, zoning and land use, and real estate fraud. We help our clients navigate complex competing claims and obtain meaningful results efficiently and aggressively.

Landlord tenant law

Caiola & Rose has long-standing expertise in representing commercial and industrial property owners in both leasing and landlord/tenant disputes. The firm's deep experience with lease litigation adds particular value to clients while they are negotiating and drafting leases. In the event of a landlord/tenant dispute, Caiola & Rose handles all aspects of dispute resolution including mediation, default remedies, dispossessories, unlawful detainer actions, collections, and injunctive relief. In particular, the firm understands the particularized nuances between residential and commercial dispossessory law, and has worked complex cases from Magistrate Court, to Superior Court, to the Court of Appeals. The following is a sampling of some of the firm’s experience:

Successful representation of REIT’s and other commercial and industrial property owners in hundreds of dispossessory, unlawful detainer and rent collection actions.
Successfully navigated removal, liquidation and disposal of several thousand tons of industrial equipment abandoned on premises and subject to competing claims by secured creditors.
Representation of commercial and industrial tenants in claims made by landlords related to use of premises, property damage and rent collection.
Representation of national franchisor and mall tenants in multi-state federal litigation involving use of premises, breach of covenant of quiet enjoyment and enforcement of rental obligations.
Successful removal and cancellation of third-party liens placed on landlord's property as a result of tenant defaults with third parties.

Fraud Litigation

Real estate fraud is frequently an aspect of any dispute involving land or title. Allegations of fraud are often present in cases where a lender loses the security that was bargained for at closing or where buyers discover concealed property defects post-closing. Proving real estate fraud is fact-specific and typically a matter for a jury to decide. The firm’s experience in bringing and defending claims involving real estate fraud include:

Successfully representing lender in claim for equitable subrogation of security deed following fraud by borrower.
Trial counsel in shareholder derivative action brought against bank alleging fraud and breach of fiduciary duty.
Successfully represented homeowners in claims brought by buyers alleging fraud related to seller’s disclosure statement.
Trial counsel to commercial property owner in claims against broker for fraud.
Trial counsel in federal litigation brought against a trustee over fiduciary duties in trust and accounting dispute where fraud was alleged.

Construction Litigation

Caiola & Rose represents property owners, architects, engineers, contractors and builders in disputes related to construction and engineering standards, architectural integrity and contract performance. This work frequently involves representation of clients in mediations and arbitrations, working with expert witnesses and trial work. Some of the firm’s representative experience includes:

Representation of home builder in claims made by homeowner regarding construction delays and work product.
Representation of engineer in professional malpractice claim related to building failure after flooding.
Representation of homeowners in claims against builder for failure to adhere to contract specification, poor workmanship and delays.

Banking Litigation

The partners of Caiola & Rose have served as national counsel to banks and lenders around the country who seek to enforce collection on notes, exercise rights under security instruments, foreclose on properties and pursue remedies against competitors. Some of the firm’s experience in this area includes:

Representation of national bank in multiple lawsuits brought by participant banks alleging breach of contract and seeking equitable remedy of enforcing a put-option.
Successfully representing lender in claim for equitable subrogation of security deed following fraud by borrower.
Litigation counsel to numerous national and community banks in claims to reform title, cancel liens and pursue foreclosure.
Litigation counsel to lenders and guarantors in actions seeking to enforce personal guaranties

Enforcing Landlord's Rights In Insolvency

Caiola & Rose specializes in protecting landlord’s rights in insolvency proceedings, including receiverships, bankruptcy, and assignments for the benefit of creditors. In addition, the firm counsels commercial landlords to best position themselves in any insolvency proceeding. Caiola & Rose assists landlords as creditors in bankruptcy proceedings to:

Obtain relief from stay to proceed with dispossessories.
Litigate and oppose a tenant’s or trustee’s attempt to assume and assign the lease.
Move to dismiss post-termination and post-expiration bad faith filings.
Maximize recovery of claims against tenant by asserting administrative priority claims.
Assert, litigate and defend challenges to secured lien positions on a tenant’s FFE.

Caiola & Rose provides insolvency-related counseling to:

Evaluate landlord’s UCC filings and procedures for maintaining perfected interests.
Advise landlords on optimal default practices and enforceable remedies upon a tenant’s bankruptcy filing.

Title Litigation

Caiola & Rose frequently represents property owners and lenders in claims to perfect title. The firm is frequently retained by title insurers to represent lenders and owners in claims to perfect title or claims of lien. Such representation includes pursuit of claims for equitable subrogation, deed reformation, quiet title and wrongful foreclosure. The firm’s representation in this area often includes pursuant of claims for professional malpractice against real estate closing agents.

Frequent representation of lenders in reforming defects in security deed that preclude lenders from foreclosing on property.
Successfully obtained lien cancellations on behalf of property owner for liens unlawfully recorded against property for a tenant’s nonpayment of contractors.
Representation of property owners in claims for wrongful foreclosure.
Frequent representation of lenders in reforming defects in security deed that preclude lenders from foreclosing on property.
Successfully obtained lien cancellations on behalf of property owner for liens unlawfully recorded against property for a tenant’s nonpayment of contractors.
Representation of property owners in claims for wrongful foreclosure.