De novo appeals from local zoning and planning board decisions,*adverse possession, *instrument forgery claims,*priority of mortgages and liens, *purchase & sale disputes, *missing title interests, *commercial and residential lease disputes, *land registration proceedings, and *partition proceedings.
A portion of our practice is devoted to representing individuals who wish to form small, closely held businesses. We offer counseling with regard to the selection of business form, whether it be a corporation, partnership or sole proprietorship. We will prepare and file the documents necessary to affect this choice and offer ongoing advice with respect to matters of corporate governance and compliance.
Business Formation
Business Disputes
Business and Complex Civil Litigation l Law Offices of Edward A. Gottlieb l Massachusetts Business Litigation; Massachusetts Civil Litigation; Massachusetts Contract Disputes; Massachusetts Probate Litigation; Massachusetts Environmental Litigation; Negligence and Professional Liability
Insurance Coverage l Law Offices of Edward A. Gottlieb l Massachusetts Insurance Coverage Law l Duty to Defend l Duty to Indemnify l Title Insurance Homeowners Insurance Fire Insurance Comprehensive General Liability Insurance Garagekeepers Legal Liability Insurance Professional Liability Insurance Workers Compensation Insurance Motor Vehicle Insurance
Our firm specializes in real estate law and complex commercial litigation. Our clients include lenders, insurers, closely held businesses, and individuals. We offer the same capabilities and quality of work as our larger competitors in the same fields. Our fees are most competitive.
Real Estate Transactions
Our firm represents individuals and lenders with regard to residential and commercial real estate purchases, sales, and refinancings. We offer thorough, cost effective document drafting, review and advice at all stages, beginning with the offer to purchase through the closing and conveyance of title. We also have experience representing landowners with regard to leases and environmental compliance issues.
Easement
Land Use and Zoning
We regularly appear before the City of Boston Zoning Board of Appeals on behalf of our clients in connection with land use and development permitting matters. We work closely with the City of Boston Inspectional Services Department and Boston Redevelopment Authority to ensure ongoing compliance with our clients' land use and development projects.
Mr. Gottlieb’s practice focuses on real estate and civil trials and appeals, particularly in the areas of real estate, title insurance, zoning, insurance coverage, probate and personal injury litigation. He has tried and argued cases in all the Massachusetts courts and the United States District Court and Court of Appeals. He has served as co-chairperson of the Boston Bar Association Title and Conveyancing Committee. He is a member of the Massachusetts Bar Association, the Boston Bar Association, and the Real Estate Bar Association.
June 16, 2010: Our firm appeared before the Massachusetts Land Court and argued cross-motions for summary judgment in a complex title dispute to a 12 acre Cape Cod parcel of land. The plaintiff's motion for summary judgment challenged the efficacy of our client's title, which is derived from a recent Probate Court public administration. We previously defeated a motion for summary judgment brought by the plaintiff, in which it claimed superior title by reason of alleged defects in an 1844 Probate Court estate administration and fiduciary deed. The case involves extensive genealogy, title, and survey evidence. The cross-motions for summary judgment are under advisement.
Wills
Our firm has defended and prosecuted a wide range of litigation issues, including: *commercial disputes, *breach of contract, *breach of fiduciary duty, *common law negligence, *will contests, *claims against probate estates, *insurance coverage disputes, *professional liability, *defense of environmental enforcement actions, and *environmental cost recovery.
Trusts
Our firm counsels and advises clients with regard to their estate planning. We draft the necessary documents, including wills and trusts. We also represent individuals with regard to probate and trust administration. We have extensive experience with Massachusetts Probate Court practice and procedure.
Washington Mutual Bank, F.A. v. Spencer, et al., Land Court Dept. Misc. Case No. 02-278920 (2011 decision), in which we defended a mortgagee sued for contempt of a 2006 Land Court judgment that our office obtained. The 2006 judgment established the partial mortgage priority of our client pursuant to the doctrine of equitable subrogation. In an anomalous fact pattern, the borrowers continued to make payments to our client for several years following entry of judgment, while making no payments to the opposing mortgage holder. Following his 2010 foreclosure sale, our opponent demanded a discharge from our client based on his accounting that treated 100% of the payments received by our client over the life of the loan as paying down its first priority position as equitable subrogee. We took the position that a more proper accounting divides the payments pro rata between the portions of the loan balance secured by our client's first and third priority positions. The Judge ruled in our favor, which resulted in additional loss mitigation in excess of $80,000.