Seth Alan Schwartz

Real Estate Litigation

Real estate deals are difficult to navigate when everything goes well, let alone when there’s a problem.  When clients run into defective construction, title, financing, or foreclosure issues or setbacks, Seth is often called to solve the problem, and restore clear title.

Clients, including home builders and developers, depend on Seth’s counsel when dealing with liens, supply issues, contracting issues, and questions about financing.  He advises clients who are drafting leases, purchase agreements, and construction agreements.  Seth also helps resolve disputes with contractors, tenants, sub-contractors, and financing companies.

Experience

Representation of a large commercial shopping center in appeal

Seth Schwartz served as lead counsel for a dispute relating to contractual payments and title insurance for a large commercial shopping center in Toledo, Ohio. Our client appealed a decision of the Federal District Court. This dispute involved contractual interpretation issues, extensive discovery, extensive motion practice concerning the interpretation of the overlapping land agreements and applicability of the title insurance policy. The parties reached an agreement to the satisfaction of our client.

Defend majority owner against fraud, breach of contract and conversion

Seth Schwartz and Rich Porotsky represented the majority owner of seven LLCs, which owned approximately $70 million in real estate. The minority shareholders brought claims for fraud, breach of contract and conversion against the majority shareholder. In addition, the minority shareholders brought a preliminary injunction against the majority shareholder, which requested the majority shareholder be removed as manager of the companies. The case proceeded to a two-day preliminary injunction hearing where our client, the majority shareholder, prevailed.

Representation of Large Private Property Management Company

Seth Schwartz represents a large private property management company in a variety of matters including drafting contracts, litigation, alleged construction defect cases and alleged tort cases.

Provide Ongoing Counsel for a Residential Home Builder

Client: a residential home builder

We represent a residential home builder and developer, providing real estate, construction finance, and litigation counsel on a variety of projects. Our work includes handling liens, supplier issues, contracting issues, and financing problems.

Representation of a National Mortgage Servicer

Client: a mortgage servicer

We handle roughly 500 Ohio-based contested foreclosure cases for a national mortgage servicer. 

Provide Ongoing Counsel for a Nursing Home Developer on a Variety of Issues

Client: nursing home developer

We provide ongoing counsel for a nursing home developer regarding construction issues, construction problems, Medicare reimbursement, and other essential matters.