Practices

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Real Estate/Construction Transactions

There are plenty of ways a transaction or project can go awry. But with some forethought and planning, most can be avoided. We can help you with this process for nearly all things related to real estate and construction. Whether you have a residential, commercial or investment transaction or any type of construction project, we can lend guidance. We can consult with you through the entire process or simply when needed.

Our experience has not only been gained from practicing law in these areas, through decades of both transactions and litigation, but through “previous lives” in a variety of actual real estate, development, construction, and marketing positions. The diversity of which spans work as a: union laborer, field engineer, site superintendent, construction manager/general contractor, developer, homebuilder, property manager, real estate broker, owner, investor and borrower. Many of us still actively work in some of these roles for our personal or family investments.

This added perspective gives us a rich understanding of the roles, responsibilities and inter-relationships of the various parties directly and indirectly associated with any real estate transaction and construction project. It enhances our legal ability to help you structure a transaction or plan for a project to minimize risk yet optimize for success.

Real Estate Transactions:

  • Owner/Purchaser representation
  • Broker representation/counsel
  • Lender representation
  • Transactional/finance analyses
  • Documentation preparation/review
  • Landlord/tenant issues
  • Title commitment review/markups
  • Opinion letters
  • Closing document preparation/review
  • Private lending closings

Construction Projects:

  • GC/Owner/Purchaser representation
  • Trade/sub-contractor representation
  • Zoning and land use
  • Project and cashflow analyses
  • Land acquisition
  • New construction/remodel reviews
  • Construction management contracts
  • Trade/sub-contractor contracts
  • Easement preparations
  • Trust/construction draw services

Contact Us

If you have a question, please call or fill out the contact form included in each section. All initial telephone consultations are free and there is no obligation for future services.

Real Estate Document Preparation or Review

Have you ever had a real estate deal threatened by missing or inaccurate documentation? A surprising amount of people have experienced this kind of situation at some point in their real estate endeavors. And if such situations are not properly addressed, then the closing could be delayed or fail. Even worse, it could result in a possible breach of contract or other form of increased liability. Although uncertainty can never be fully eliminated, there are many ways to mitigate the additional risk.

Have you ever been presented with a real estate document or contract you felt like you did not fully understand?

Have you ever had to be creative in making a deal, but did not know if it was structured as soundly as possible?

Fortunately, a large portion of our practice is devoted to quickly assessing these types of situations and more. We can efficiently collect the necessary information and prepare the appropriate documentation to timely and safely close.

We can also help if you need a document reviewed for greater ease and security moving forward. After a thorough review, we provide a written analysis on the specific provisions within the document and the potential ramifications of the document as a whole. And conveniently, the fees for many of these preparations and reviews can be paid at closing.

Click to open a sampling of document types that we can quickly prepare or review
  • Addendum to (various types)
  • Affidavit of Heirship
  • Affidavit of Identity
  • Affidavit of Survivorship
  • Affidavit of (various types)
  • Agreement Concerning Encroachment
  • Amendment to Contract
  • Amendment to (various types)
  • Assignment of Land Contracts
  • Assignment of Leases
  • Assignment of Security Deposits
  • Assignment of Service Contracts
  • Assignment of (various types)
  • Assumed Name Certificate
  • Bill of Sale
  • Blanket Real Estate Mortgage
  • Certificate of Non-Foreign Status
  • Construction Management Contract
  • Corporate Warranty Deed
  • Escrow Agreement
  • Estoppel Certificates
  • General Durable Power of Attorney
  • Heirship Affidavit
  • Ingress/Egress Easement
  • Land Contract
  • Lease
  • Letter of Intent
  • Limited Liability Company (LLC) Deed
  • Limited Liability Company (LLC) Registration
  • Limited Power of Attorney
  • Limited Warranty Deed
  • Listing Contract
  • Mechanic's Lien
  • Memoranda
  • Operating Agreement
  • Opinion Letter
  • Option to Purchase Real Estate
  • Partial Release
  • Party Wall Agreement
  • Personal Guaranty
  • Personal Representative Deed
  • Promissory Note
  • Promissory Installment Note
  • Property Management Contracts
  • Purchase Agreement/Contract
  • Quitclaim Deed
  • Real Estate Mortgage
  • Realty Purchase Disclosure
  • Receiver’s Deed
  • Release of Judgment
  • Resolution for Sale/Purchase of Real Estate
  • Sales Disclosure Form
  • Satisfaction and Release of Mortgage
  • Seller's Residential Real Estate Sales Disclosure
  • Settlement Agreement and Release of All Claims
  • Shared Driveway Agreement
  • Small Estate Affidavit
  • Special Warranty Deed
  • Storm Drainage Easement
  • Survivorship Affidavit
  • Trustee Deed
  • Utility Easement
  • Vendor Affidavit
  • Warranty Deed

Over the years, we have developed literally hundreds of relationships with many types of real estate professionals such as title agents, real estate brokers/Realtors, mortgage lenders, etc. who trust and rely on us to solve problems, reduce stress to contract or close a transaction.

If you would like to consider us for preparing or reviewing an existing document, then please complete and submit the form below the image.

Contact Us

If you have a question, please call or fill out the contact form included in each section. All initial telephone consultations are free and there is no obligation for future services.

Quiet Title, Probate + Foreclosure Actions

Sometimes real estate issues, whether a title problem or a dispute, cannot be solved by simply recording a document or negotiating a settlement agreement. More serious title problems can often only be cured through special types of litigation such as a quiet title action or a probate action. Similarly, in cases involving real estate financing, where a loan modification or workout cannot or has otherwise failed to cure a default by the borrower, then a foreclosure action can be used to recover the real estate to satisfy the debt.

Litigation is almost always the last option when attempting to solve a legal problem because it is slow, time-consuming, expensive and fraught with risk — a favorable order cannot be guaranteed. However, with quiet title, probate and foreclosure actions, the results tend to be more predictable. Striebeck Law can help you determine if/when to litigate and what form of litigation may work best.

Alternatively, if you are facing an action as a defendant, then we can help you too. When presented with a client's problem, we do not have a preference between plaintiffs and defendants. We will optimize the client's goals regardless of its role in the matter.

If you have a situation that you believe may require any of the above actions and you would like to consider our services, then please contact our office or complete and submit the form below the image.

Contact Us

If you have a question, please call or fill out the contact form included in each section. All initial telephone consultations are free and there is no obligation for future services.

Real Estate/Construction Dispute Resolution + Litigation

In the Art of War, Sun Tzu emphasized that the supreme art of war is to subdue the enemy without fighting. This principle applies equally well to dispute resolution and litigation.

Some form of dispute resolution, short of litigation, will almost always be the most favorable approach to resolving disagreements, breaches of contract or recovering for other damages. The idea is that both parties compromise to reach an agreement — a resolution — with greater speed, simplicity, savings, known near-term return of investment and avoidance of additional lost opportunity relative to protracted litigation.

Litigation is almost always the last option when attempting to solve legal issues because it is slow, complicated, expensive, and uncertain. For many, it also saps physical, mental and spiritual energy that results in lost opportunities everywhere in life. Winning litigation cannot be guaranteed, and when it is procured, it is not always the “win” sought. This is the reality of litigation. Nonetheless, there are situations where litigation is unavoidable e.g., when negotiations have repeatedly failed or when a client has been sued by an irrational party. When litigation is required, you can rest assured that we will use every tool available to efficiently suppress the opposition to incentivize settlement or ultimately achieve the most favorable verdict.

If you have a dispute or have been sued and would like to discuss the possibilities for resolution, then please contact our office or complete and submit the form below the image.

Contact Us

If you have a question, please call or fill out the contact form included in each section. All initial telephone consultations are free and there is no obligation for future services.

E-Signatures, Webcam Notarizations + E-Recording

Although many real estate professionals have access to e-signature platforms for digitally signing documents, many other members of the public do not. If there is not time to get signatures by mail, overnight courier or even email, then we can circulate your document for e-signatures saving hours if not days.

Similarly, if you or someone else needs to sign a document under the direction of an Indiana Notary Public, with and without witnesses, then we can assist through our web-cam notarization service. We have been certified as Remote Online Notaries and these can be completed by video conference on your smart phone, tablet, notebook or desktop - wherever the signer(s) may be located.

In real estate and construction transactions, many documents not only need to be signed and notarized, but they need to be recorded with the county recorder. If you need to record a document in nearly any county in Indiana, then we can assist by electronically filing the document for recording, often having the recorded version back in one to two days, if not sooner.

If you need to record a document in any county in the state of Indiana, then we can assist by electronically filing the document on your behalf.

If you would like to learn more or use any of these services, then please contact our office or complete and submit the form below the image.