Real Estate Litigation
Litigation is what happens when the other side will not resolve it. It is a tool with a real cost, and it should be chosen rather than fallen into.
Most property disputes settle. They settle because a demand letter arrives with a credible claim behind it, because the documents turn out to be worse for one side than they believed, or because both parties do the arithmetic on what a contested case costs and decide the gap between their positions is smaller than the fight.
The cases that do not settle usually have a reason: a party who will not engage at all, a genuine dispute about what happened, a defendant who believes you will not actually file, or an amount too large for either side to concede. Those cases get filed and tried.
The firm handles real property disputes in Michigan circuit and district courts, and takes them through discovery, motions and trial where required. Being prepared to try a case is also what makes settlement possible on decent terms, because the other side prices your willingness to proceed.
Matters litigated
- Quiet title, and actions to determine ownership or remove a cloud from the record
- Boundary line disputes, adverse possession, acquiescence and encroachment claims
- Easement existence, scope and interference claims
- Breach of purchase agreement, including specific performance and deposit claims
- Fraud, silent fraud, misrepresentation and seller disclosure claims
- Land contract forfeiture and foreclosure proceedings
- Commercial lease enforcement, possession, and claims against guarantors
- Construction lien foreclosure and challenges to improperly recorded liens
- Partition actions between co owners who cannot agree on a sale
- Claims involving improperly recorded instruments and slander of title
What litigation actually involves
| Stage | What happens, and what it costs you |
|---|---|
| Pre suit demand | A documented demand with a stated legal basis. The cheapest stage, and the one that resolves the largest share of matters. |
| Pleadings | Complaint, service, answer and any counterclaim. Where the property itself is at stake, a notice of the pending action may be recorded. |
| Discovery | Documents, written questions, depositions and often expert work such as a survey or an appraisal. This is normally the most expensive stage and it takes months. |
| Motions | Attempts to narrow or dispose of claims before trial. Property cases with clean documents are sometimes decided here. |
| Facilitation | Court connected mediation, which many Michigan judges will order. A large share of cases resolve at or shortly after this point. |
| Trial | Bench or jury depending on the claims. The smallest number of cases reach here, and it is the least predictable stage. |
A claim worth fifteen thousand dollars against a defendant with no assets is not an asset. Where the economics do not work, you will hear that before a retainer is committed rather than after discovery has consumed it.
How a case is handled
- Assessment before commitmentThe strength of the claim, the realistic recovery, the likely cost, and whether the defendant can actually pay a judgment.
- Demand first where sensibleA documented demand costs a fraction of a filing and resolves a meaningful proportion of disputes on acceptable terms.
- Filing and preservationFiling in the correct court, and where the property itself is the object, taking the steps that prevent it from being sold out from under the claim.
- Through discovery to resolutionDiscovery, motions and facilitation, with a candid reassessment of the economics at each stage rather than only at the start.
Questions about litigation
How long will my case take?
A matter resolved by demand can take weeks. A filed case that goes through discovery commonly runs many months, and one that reaches trial can run longer than a year. Possession matters move considerably faster than ownership disputes. You will get a range for your specific case once the file has been read.
Can I recover my attorney fees?
In Michigan each side generally bears its own fees unless a contract or a statute provides otherwise. This is exactly why an attorney fee clause in a lease or purchase agreement matters so much, and why its absence changes whether a modest claim is worth pursuing.
Will this go to trial?
Probably not. The large majority of civil matters resolve before trial, many of them at court ordered facilitation. Preparing a case properly is still what produces a reasonable settlement, because the other side is pricing your readiness to proceed.
The other side already filed against me. What now?
Deadlines start running from service, and a default judgment can be entered if you do not respond in time. Call rather than using the form, and have the papers you were served with in front of you.
Filing should be a decision, not a reflex.
[PHONE]Matters with a closing date, a filing deadline or a hearing already on the calendar are handled by phone.