Commercial & Residential Real Estate

  • Tax Sales

    Tax sale purchases by investors can be extremely complicated and subject the investor to considerable litigation exposure. Our firm is prepared to assist the investor, both prior to and after a tax sale purchase, in reducing such exposure.

  • Borrower/Lender Mortgage Disputes/Foreclosure Defense

    Disputes between borrowers and lenders are one of the most common, and many times recalcitrant, issues in real estate matters. Our attorneys have conducted work outs between lenders and borrowers for many years and, when necessary, litigated such issues to resolution in the State and Federal Courts. Our Firm has defended Borrowers from Foreclosures and litigated Wrongful Foreclosures actions throughout Georgia and we are well known in the Georgia Real Estate community for our dedication to Borrowers.

  • Purchase/Sale Agreements

    Our attorneys are skilled at drafting and negotiating purchase and sale agreements related to commercial and residential real estate, both for buyers and sellers of real estate. We do not take a “one size fits all” approach, as many standard real estate documents try to adopt. We listen to the needs and concerns of our clients, and then we will negotiate and draft the purchase and sale agreement to meet their needs.

  • Loan Agreements

    Loan agreements need to comply with applicable regulatory guidelines as well as accurately reflect the understanding of the parties. We assist our clients in ensuring the documents meet both demands.

  • Contract Drafting

    In addition to purchase/sale and loan agreements, our clients may find themselves in need of more situational specific contracts in real estate transactions. Our attorneys are prepared to negotiate and draft any contract that helps our clients meet their needs or protects their interests. For instance, we draft limited land use agreements, multi-owner contribution agreements for common interest development, and rights of first refusal purchase agreements. Simply let us know what you need and we will draft the appropriate documents.

  • Commercial Workouts

    Unfortunately, borrowers sometimes find themselves in a situation where they are unable to meet their financial obligations. Our attorneys are skilled in negotiating agreements between borrowers and lenders that help to resolve these situations.

  • Title Disputes

    Title to real estate is, in very simplistic terms, ownership. Sometimes a situation or facts may arise that call into question the “chain of title” to a particular tract of real estate. Title disputes may be based on allegations of fraud, mistake or negligence. Our attorneys are prepared to prosecute or defend any claims or challenges to title.

  • Easement Disputes

    An easement is permission granted to another to use all or a portion of a tract of land. Under Georgia law, there are multiple ways to create an easement. We are well versed in the law governing easements and can provide assistance to those in need.

  • Quiet Title Actions

    When there exists a claim or potential claim against the title to real property, it may become necessary to file a quiet title action. Our attorneys are knowledgeable in the law and procedure for bringing or defending such claims. Quiet title actions are also needed by investors who obtain property through tax sales.

  • Condemnation

    Condemnation is the process by which the government “takes” property belonging to a private citizen for public use through the power of eminent domain. Richard C. Wayne and Associates is prepared to protect and defend the property owner’s rights. We will engage in aggressive negotiations or a strong defense in court.

  • Real Estate Business Agreements

    Our attorneys are skilled in drafting any agreement that relates to or governs the use of real estate. For instance, if two or more entities want to jointly purchase property, we can help define the parameters of ownership and the future working relationship of the parties.

  • Litigation Services

    Our attorneys have extensive experience in all aspects of real estate litigation. While the initial approach may not be to engage in litigation, we are prepared to take all steps necessary to protect and defend the property rights of our clients.

  • Construction/Development Contracts

    Richard C. Wayne and Associates has the experience and knowledge to review, negotiate or draft construction or development contracts. We have successfully represented the interests of developers as well as buyers. We are particularly mindful of the unique nature of real property and the unpredictable nature of construction. Developers and buyers need a well drafted contract defining their relationship and our firm can provide such.

  • Commercial/Residential Lease Negotiation and Enforcement

    Negotiating and drafting adequate lease agreements is essential to define the relationship between a landlord and tenant. We are prepared to assist both commercial and residential landlords or tenants in the negotiation and drafting of lease agreements. Furthermore, our attorneys are ready to employ all legal means available to enforce the lease terms and covenants between a landlord and tenant.

  • Dispossessory and Eviction Actions

    When a tenant breaches their lease or stays beyond their lease term, it becomes necessary for a landlord to evoke the courts’ power to obtain a writ of possession and lawfully regain possession of their property. Alternatively, if a former property owner remains in their former home after a foreclosure sale it may become necessary to file a Dispossessory action which is also known as an Eviction. Richard C. Wayne and Associates can assist our clients in navigating the often complex legal waters surrounding dispossessory actions. We have experience successfully representing both landlords and tenants in such actions.

  • Collection Actions

    Oftentimes, when a leasing relationship ends, the landlord is left with a significant indebtedness owed by the tenant. Our attorneys are prepared to take all available legal recourse against the tenant, guarantor and any other party who may be potentially liable for the amounts owed.

  • Foreclosure Defense

    Our firm has assisted both residential and commercial clients in Foreclosure Defense for many years. We are well versed in the statutory and contractual requirements that a lender and foreclosing attorney must satisfy in order to avoid a Wrongful Foreclosure Action by our clients against the lender involved.

  • Mortgage Fraud

    Our attorneys have extensive experience in identifying and litigating cases involving allegations of mortgage and property fraud. Although this area has slowed, fraud will continue to be an issue as the economy expands.