Practice Areas

Practice Areas

Real Estate Dispute Resolution and Litigation – Our firm has extensive experience addressing a wide variety of real estate problems and disputes, whether they are resolved inside our outside of the court system.   From title issues to fraud and forgery of real estate documents, we have the expertise to address the numerous real estate issues our clients encounter.

Title Issues and Title Insurance Claims –Beisel & Dunlevy, P.A. is regularly retained by the major title insurance underwriters on behalf of insured lenders and owners to address a wide variety of title issues.  Whether through court action or corrective documents, we have cleared title on numerous claims including, but not limited to:

  • legal description errors in mortgages, deeds, and other documents;
  • failure of a spouse or title owner to join in a mortgage or conveyance;
  • prior unreleased liens and mortgages;
  • boundary disputes and encroachments;
  • mortgage priority and intervening judgment liens, mechanic’s liens, or mortgages;
  • lack of legal right of access and easement issues;
  • stray interests extinguished through quiet title actions;
  • recordability of documents;
  • issues with Torrens/registered property and proceedings subsequent to initial registration; and
  • failure to surrender title to manufactured homes before mortgaging or foreclosure.

Title Insurance Coverage – We specialize not only in resolving covered title insurance claims but in defending title insurers in suits brought by their insureds.  We are knowledgeable in the area of policy coverage and have been hired to by the Minnesota Land Title Association (MLTA) and American Land Title Association (ALTA) to file amicus briefs arguing the position of the title industry on matters of title insurance coverage.

Mortgage Priority and Validity – We have expertise in establishing the priority of mortgages over intervening liens, whether they be mechanic’s liens, judgments, or line of credit mortgages.  We regularly represent the county’s largest mortgage lenders in district court and have argued numerous significant decisions related to mortgage priority in the appellate courts.  We also defend and protect the liability of mortgages which may be questioned due to a number of errors or issues.

Boundaries, Access, and Easements – Whether involving lakeshore property, errors disclosed by a recent survey, or adverse possession and other occupation issues, our attorneys have extensive experience in litigating and resolving boundary line problems and disputes.  We have also successfully handled numerous cases addressing roads, driveways, and other easement and access issues.

Construction and Mechanic’s Lien Litigation – A failed development or construction project can result in mechanic’s liens threatening the owner’s title and the lender’s mortgage priority.  Our firm has represented lenders and owners against such liens in declaratory judgment actions, mechanic’s lien foreclosures, and judicial foreclosures of mortgage.  In addition to our success in trial court, we have won notable appellate cases on mechanic’s lien issues such as apportionment and lien priority based on engineering work.

Business and Commercial Litigation – Our attorneys are experienced litigators.  Our experience as trial lawyers is extensive and we regularly win cases on summary judgment, at trial, and on appeal.  Whether in federal or state court, we are equipped to be successful in commercial, banking, and business litigation.

Creditor’s Rights – Lenders regularly hire our firm to provide them effective representation in collection of their debts.  Whether through foreclosure, garnishment, judgment execution, or other remedies, we have the knowledge and experience to advance the interests of lenders in borrowers’ assets and collateral.

Bankruptcy Adversary Proceedings – Real estate and collection issues regularly arise in bankruptcy cases.  Our attorneys have the necessary experience to be effective in protecting the rights of creditors, including mortgage lenders, in the context of a bankruptcy.  We are well-prepared to litigate against borrowers and bankruptcy trustees to produce results in Chapter 7, 11, or 13 bankruptcy adversary proceedings.

Commercial and Residential Real Estate Transactions – We represent clients not only in litigation, but in commercial and residential real estate transactions.  We have knowledge and experience on the law and practice of real estate to provide effective advice to clients on their real estate transaction.

Closing and Escrow Liability – Title agents regularly encounter issues resulting from escrows and closings which are not covered by title insurance.  We represent title agents and closers in resolving the issues stemming from residential real estate transactions.

Appellate Advocacy –  The attorneys at Beisel & Dunlevy, P.A. have argued many important real estate cases before Minnesota’s Court of Appeals and Supreme Court.  We have a proven record of success not only at the trial court level, but in the appellate courts.