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Do I need a real estate attorney or a litigation lawyer?

Miami, FL |
Filed under: Litigation

I entered into a verbal agreement with my half brother purchasing a judgement from a bank on a foreclosed commercial property which we planned on taking through the auction process. Our agreement was to divide the deal between us proportionally on the amount we each contributed. Since I contributed 80% of the funds, I now own the judgment in my name alone but now my brother has decided to sue me saying that the verbal agreement was only a loan to him and accusing me of fraud. Has has already served me with papers (1 month ago) and now without any proof he wants the note 100% for himself. He is not interested in negotiating any agreement, but wants to take this mess to trial. He has convinced the judge to a 2 month "reserved ruling on temporary injunction" but now in financially difficult..

Attorney Answers 5


  1. You need to find a litigation attorney. Take advantage of free consultations.

    The information provided is not legal advice and no attorney client relationship will arise based upon this information. If you decide to retain an attorney a separate discussion regarding your rights will have to occur. Do not rely on any of the information provided in deciding whether or not to act. David Fraser disclaims any liability for actions that are taken by individuals based upon the information provided. CONSULT AN ATTORNEY IN YOUR JURISDICTION BEFORE TAKING ANY LEGAL ACTION. Florida Bar Disclosure: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide on an attorney, ask him/her to send you free written information about his/her qualifications and experience.


  2. You are going to need to hire an experienced litigator to defend you in this matter. Allegations of fraud need to be pled with a great deal of specificity in order to survive a motion to dismiss. You should seek the advice of an attorney immediately.

    The information on this website is provided as a service to the public. While the information on this site deals with legal issues, it does not constitute legal advice. If you have specific questions related to information available on this site, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask for free written information about a lawyer’s qualifications and experience. The information presented at this site should not be construed to be formal legal advice and none of the information presented here is intended to create a lawyer/client relationship. You should consult an attorney for individual advice regarding your own situation.


  3. You should find a real estate litigation lawyer. Your one real issue here is that contracts involving real property must be in writing. Since the judgment is in your name alone, you are one step ahead. Contact an experienced real estate litigation lawyer in your area ASAP since your litigation has already started.

    The hiring of an attorney is an important decision that you should undertake with careful considerations. The use of Avvo, Inc.'s question and answer forum is only to provide general information and in no way forms an attorney-client relationship between the you and the attorney answering your question.

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