Practice

Residential and Commercial Real Estate Litigation

 

Shawn M. Berry, P.A. is experienced in handling litigation matters for buyers and sellers of both residential and commercial properties. These matters include pre-sale contract and addendum disputes and post-sale property defect or breach of contract claims. Real estate transactions can be complicated matters with voluminous amounts of paperwork being transferred by the parties to the deal. An attorney with a keen eye to detail and knowledge of the anatomy of a real estate transaction can help facilitate a smooth resale process and minimize the chances of a problem arising down the road.

 

Residential and Commercial Real Estate Closings

 

Shawn M. Berry, P.A. is underwritten by a leading national title insurance company to provide its clients with the highest-caliber title insurance available. Unlike typical casualty insurance, title insurance has a one-time premium which will bind insurance coverage in perpetuity—a very important aspect should a title claim arise 10 or 20 years after closing occurs.

 

At Shawn M. Berry, P.A. each closing is overseen by an attorney, and all closings are conducted by an attorney. Through this mechanism, you can rest assured your closing is handled competently and with no hassles.

 

The principal of Shawn M. Berry, P.A. is also affiliated with Winter Park Title Company, LLC. (please hyperlink this company name to the Winter Park Title Company, LLC website at www.wptitlepros.com) Just as with Shawn M. Berry, P.A., each closing at Winter Park Title Company, LLC is overseen by an attorney and all closing documents are reviewed by an attorney prior to closing. Winter Park Title Company, LLC also utilizes no-cost professional mobile closers to help make the closing process as seamless and convenient as possible.

 

Title Review and Opinions of Title

 

Prior to purchasing either residential or commercial real property, it is imperative to ensure you are obtaining clear title to minimize the chances of a title claim being filed months or years after closing. Shawn M. Berry, P.A. utilizes its extensive experience in handling both residential and commercial real estate closings to review title and provide a written opinion either declaring title to be clear, or outlining the matters needing curative action.

 

Short Sale Negotiations

 

As a result of the real estate downturn in 2009, many properties remain underwater. In a short sale transaction, a homeowner requests its mortgage lender(s) to accept less than the full amount owed on open mortgage account(s) encumbering the property. In so doing, the lender must go through an evaluation and review process that can be very tedious for many individuals. Shawn M. Berry, P.A. is experienced in working with both homeowners and their mortgage lender(s) in an effort to obtain short sale approval.

 

Community Association Litigation and Settlement Negotiations

 

Shawn M. Berry, P.A. is experienced in litigating and settling actions filed by either a homeowners association or a condominium association for unpaid assessments or a covenant violation. Many times, these outstanding matters can put a cloud on title to a property and prevent the successful resale thereof. It is important to act quickly when faced with potential legal issues from a homeowners association or condominium association, and Shawn M. Berry, P.A. is equipped to provide the required expeditious and cost-effective services needed.

 

Landlord and Property Management Representation

 

Shawn M. Berry, P.A. represents several landlord and property managers with their legal needs, including drafting of leases and property management agreements, drafting of notices, and filing eviction actions where necessary to remove nonpaying tenants. Additionally, Shawn M. Berry, P.A. is familiar with the laws governing property management and is available to provide advice to both landlords and property managers where uncertainty may lie regarding a proposed course of action.

 

Quiet Title and Adverse Possession Claims

 

Sometimes a third party may stake a claim to ownership of a specific property, leaving the record owner confused and not sure where to turn. Shawn M. Berry, P.A. can help navigate a property owner through these confusing times and even file suit against such third parties to determine proper ownership of the property in question.

 

Title Claim Litigation

 

Despite the most careful and prudent title review, a title claim may arise months or years after a closing. Should this occur, Shawn M. Berry, P.A. has the knowledge and resources to defend against such a title claim. Shawn M. Berry, P.A. works with some of the industry’s leading title insurance underwriters and has a vast base of resources to assist in defense of these claims.

 

Realtor® and Broker Representation

 

In addition to representing buyers and sellers in residential and commercial real estate transactions, Shawn M. Berry, P.A. also represents Realtors® and Brokers in their day-to-day real estate practice. Shawn M. Berry, P.A. is available to speak with and counsel Realtors® and Brokers through issues encountered in a transaction, and can step in and work on behalf of the Realtor® or Broker to get the issues resolved. Further, Shawn M. Berry, P.A. is experienced in representing both Realtors® and Brokers before the Department of Business and Professional Regulation in the event a complaint is made to their real estate license.