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Constructive Trusts In New York

Developers of multimillion-dollar commercial property, business partners, individuals, families and their relatives and real estate professionals may run into a real estate dispute involving wrongfully taken real estate by another person or entity not entitled to the property. When the dispute does not arise out of a security interest, the court may impose a constructive trust on property ranging from a family dwelling to commercial property to allow a party who believes they have rightful ownership to regain the property. The filing of a Notice of Pendency can be a critically important litigation strategy that is supportable with a constructive trust cause of action. My extensive real estate litigation experience has successfully placed me on both sides of this litigation.

This type of litigation can become a very important settlement tool particularly when a party has evidence of prior actual ownership, an actual interest in the property and/or needs to assert a claim against another party who is otherwise not in title or who has wrongfully acquired title through fraud, theft, deception, undue influence all of which supports various causes of action that need to be expertly pleaded.

Asserting An Interest In A Property

Disputes regarding the conveyance of property or contractual obligations can be subject to resolution through constructive trusts. A constructive trust is a creative litigation tool to resolve ownership title.

Filing a notice of pendency, or “lis pendens,” is the first step. A notice of pendency essentially “ties up” the property by notifying potential buyers or those with intentions to encumber the property that the property is the subject of a dispute or litigation. A notice of pendency is useful to prevent the disputed property from being conveyed or encumbered. The title of the property is then in suspension, pending resolution of the dispute.

I have more than four decades of experience assisting my clients with successfully resolving their real estate disputes.

Contact A Top Flight Lawyer With Many Years Of Experience

A highly sought-after attorney, I have successfully defended and litigated real estate disputes throughout New York. My clients know I focus on efficient and practical solutions and work hard to resolve conflicts via settlement without incurring the high costs of trial when possible. Call my law firm, David I. Grauer, Attorney at Law, in White Plains at 914-269-2419 or contact me online through my secure website to schedule a free initial phone consultation.