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Glossary
Real Estate Litigation
Land Use and Finance terms within real estate litigation.
real-estate-litigation
A deed in lieu of foreclosure conveys property to the lender voluntarily in satisfaction of the debt.
A deficiency judgment holds a borrower liable for the balance remaining after a foreclosure sale.
Eminent domain is the government's power to take private property for public use upon payment of just compensation.
An environmental site assessment evaluates a property for contamination, supporting due diligence and liability defenses.
A foreclosure action enforces a mortgage or deed of trust by selling the encumbered property to satisfy the debt.
Highest and best use is the most profitable legally permissible use of property, forming the basis of valuation.
Inverse condemnation is a property owner's action alleging the government took property without formal condemnation.
Just compensation is the payment a government must make for taking private property, measured by fair market value.
Mechanic's lien priority determines whether construction liens outrank mortgages and other encumbrances.
Mortgage priority determines the order in which liens are satisfied from foreclosure proceeds.
A nonconforming use lawfully predates a zoning change and may continue despite current prohibition.
A regulatory taking occurs where a regulation deprives property of economically viable use without physical appropriation.
A variance permits a use or dimension departing from zoning requirements based on hardship.
A zoning dispute challenges a land use restriction, denial of approval, or enforcement action by a municipality.
Complex litigation, simplified.
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