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Lawyer Prevails in Claims Arising Out of Failed Development

September 8, 2010

Joe Kingma represented a law firm that was sued by a Builder in Georgia Superior Court. The claims arose out of a failed real estate development and a failed mortgage lender. The Builder had acquired lots financed by an acquisition and development loan that was closed by Joe’s client. The development ultimately failed, as did the mortgage lender. The construction company sued the failed lender and its principal, a related builder, the Bank that had taken assignment of the A&D loans, and a Title Company. The lawyer faced claims of fraud and misrepresentation. The plaintiff also attempted to assert claims for conspiracy, breach of the duty of good faith and fair dealing, and violation of the Georgia RICO statute. All of these claims were dismissed on summary judgment by the court’s order on September 8, 2010. The case goes on against other defendants, and may be appealed, so check back for further developments.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.