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

Miami, FL |

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..

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Attorney answers 5


litigation lawyer


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

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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.

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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.



Thank you so much for taking the time to answer my question. I will most certainly look for a real estate litigation attorney in Miami immediately! All the best to you! David


One that does both

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