Property Litigation

Partner Hamlin O’Kelley spearheads Buist Byars Taylor’s litigation work with clients resulting from the sale, development, financing, and management of property – both commercial and residential.

Based in the firm’s Mt. Pleasant office, Hamlin handles matters across South Carolina and beyond.

Typical property litigation cases involve contract disputes, land use and condemnation, quiet title actions, construction litigation, business litigation, foreclosures and litigation involving homeowner associations (HOA).

COMMUNITY ASSOCIATIONS

The massive expansion of common interest developments in South Carolina and the legal responsibilities of an association and its board of directors have created a heightened need for legal guidance through the maze of new statutes and cases.

Since 1998, our firm has provided the highest quality legal services to South Carolina homeowner associations. Our philosophy includes consistent open communication with the board, which we believe includes attendance at meetings of the board and members.

Our attorneys have significant experience in providing the legal services most often needed by community associations and management companies, which may include:

• Drafting board resolutions
• Covenant amendments
• Covenant enforcement
• Debt collection
• Foreclosures
• General Counsel services (on an annual retainer, project or hourly basis)

CONDOMINIUM/COMMON INTEREST DEVELOPMENTS (CIDS)

Buist Byars Taylor real estate attorneys represent developers and builders in all legal aspects of the development of condominium and other common interest communities, as well as the representation of these associations after they are formed and are operational.

In addition to ensuring that all applicable laws and regulations are addressed, our attorneys take a proactive approach to help minimize future claims against developers and builders. We carefully draft the governing associations for common interest projects, with emphasis on reducing the cost and potential liability associated with developing and financing these projects.

Our experience representing the governing bodies of common interest development projects provides us with the ability to anticipate problems and to take steps to help prevent them.

Conversely, our many years of representing developers and drafting documents for CID projects provides us with strategic insights that assist in representing the governing bodies of these communities.

TITLE INSURANCE DEFENSE

Services provided include:

• Real property ownership
• Mortgage priority disputes
• Quiet title and partition actions
• Easement and access disputes
• Defense of bad faith claims brought directly against title carriers
• Mortgage fraud
• Title insurance coverage determinations
• Foreclosure litigation
• Eminent domain and condemnation defense
• Validity and priority of liens
• Mechanics’ liens
• Title curative claims (such as locating a missing interest in property)

DEFAULT SERVICES

Comprised of commercial and residential real estate attorneys with extensive experience in finance and debtor/creditor rights, Buist ByarsTaylor’s distressed property and workout practice area provides the resources, skills and knowledge necessary for clients to navigate emerging issues during periods of economic and financial uncertainty.

This practice concentrates on the acquisition, disposition, restructuring, and development of troubled properties, and the firm represents lenders, owners, sellers, investors, and buyers by:

• Offering a direct, hands-on understanding of virtually all types of real estate assets
• Negotiating and structuring complex real estate transactions
• Counseling borrowers and lenders on foreclosures, deeds in lieu of foreclosures, negotiated restructurings, workouts, and receiverships
• Developing, negotiating, and executing reorganization strategies for at-risk properties
• Enforcing lien rights in out-of-court restructurings and Chapter 11 cases
• Identifying ways for clients to take advantage of opportunities that distressed properties may provide
• Assisting in buying troubled properties, purchasing loans, and emerging from the bankruptcy and foreclosure processes
• Maximizing the distressed debt opportunities related to real estate
• Providing rapid response to due diligence requirements, including title, banking and environmental matters

Learn more about our property litigation team or get in touch with us today to find out how we may be able to support you.