Parsons Behle & Latimer’s real estate litigation practice team has significant experience litigating all of the many issues that affect real estate and its development including real estate purchase contracts, mechanic’s liens, foreclosures, boundary disputes, construction disputes, HOA litigation, land use and zoning, easements, wrongful liens, condemnations (takings claims and inverse condemnation claims), partitions, fraudulent transfers, lender liability claims, and landlord/tenant disputes. Our attorneys have successfully handled these matters in state and federal courts at both the trial and appellate level.
Parsons' real estate litigation attorneys have extensive experience representing title insurance underwriters and title insurance agencies in every aspect of their businesses, including title and escrow disputes and insurance coverage issues. Our attorneys also have vast experience representing lenders, mortgage servicers and related financial entities in all areas of mortgage-related law.
Parsons’ real estate litigation practice team recognizes that a lawsuit, and the reasons for it, can be a serious impediment to the success of a project. We have the resources necessary to resolve such disputes in a prompt and effective manner and the knowledge and creativity required to find unique solutions to our clients’ problems.
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Idaho Supreme Court – Successful Defense of Claims of Regulatory Violations (12 C.F.R. § 1024.41(g) – Regulation X)
Mr. Stenquist represented US Bank and SPS Loan Servicing and successfully obtained a judgment and prevailed on appeal. After the borrower defaulted on her Sun Valley vacation property mortgage, the loan servicer initiated nonjudicial foreclosure proceedings to sell her vacation home at auction. Borrower submitted multiple loan modification applications and appeals in an attempt to keep her vacation home, but all were ultimately rejected. As a result, borrower initiated the underlying action against U.S. Bank, and Select Portfolio Servicing, Inc. (Lenders) in district court to enjoin the foreclosure sale based on allegations of regulatory and technical sale violations. The district court agreed with Mr. Stenquist and dismissed the borrower’s action and allowed the foreclosure sale to take place.
Idaho Supreme Court – Successful Trial Verdict, Successful Appeal, Successful Defense on Appeal
Mr. Stenquist represented a cattle rancher who brought claims against a neighboring rancher for property damage, trespass, fence construction costs (Idaho Code section 35-103) and intentional driving of cattle onto the client’s land to graze without compensation. Mr. Stenquist also successfully defended against the neighbor’s counterclaims, including a claim for prescriptive easement across the client’s lands. As the Supreme Court put it “This litigation stems from the contentious relationship between adjacent landowners over subjects as old as the American West: land, cattle, and fence lines.” On appeal, Mr. Stenquist successfully obtained a reversal of the District Court who failed to award overgrazing damages, and successfully defended against the defendants’ issues raised on appeal.
9th Circuit Bankruptcy Appellate Panel – Successful Defense of Debtor’s Attempt to Modify Loan as a Matter of First Impression
Mr. Stenquist obtained a favorable bankruptcy court and 9th Circuit BAP opinion on behalf of a national lender, successfully arguing that the anti-modification provision under § 1123(b)(5) applies to any loan secured only by real property that the debtor uses as a principal residence. The issue was one of statutory construction and of first impression in the 9th Circuit.