Harry Ellman Law recently achieved a significant legal victory for a client involved in a complex real estate dispute. This case reaffirmed the enforceability of the election of remedies doctrine and highlighted the strategic importance of effective legal defense in real estate litigation.
Client Overview
Our client, the vendee in a $3 million residential land contract, was accused of defaulting on payment obligations. The seller initiated forfeiture proceedings in District Court, which were settled shortly thereafter.
Legal Challenge
Despite the District Court settlement, the seller filed a new lawsuit in Circuit Court seeking foreclosure and immediate acceleration of the remaining balance. The seller alleged ongoing defaults even after the resolution of the first case.
Our Legal Strategy
Harry Ellman Law responded by filing a motion for summary disposition, citing the earlier settlement as an accord and satisfaction. We invoked the doctrine of election of remedies, asserting that the seller had already selected forfeiture and could not now pursue foreclosure for the same alleged default.
The Outcome
The Circuit Court ruled in favor of our client, granting our motion for summary disposition and denying the plaintiff’s. The judge determined that the prior settlement had resolved all existing defaults and barred further action. The seller’s case was dismissed with prejudice, protecting our client from foreclosure and financial harm.
Key Legal Takeaways
- Election of Remedies: Once a remedy is chosen and settled (in this case, forfeiture), pursuing another remedy (foreclosure) is barred.
- Accord and Satisfaction: A settlement agreement can cure existing defaults and eliminate grounds for further claims.
- Effective Defense: Strategic legal intervention can shield clients from undue financial exposure.
This case stands as a powerful example of how Harry Ellman Law delivers strong, results-driven advocacy in real estate litigation. Whether dealing with land contracts, property disputes, or foreclosure defense, we are committed to protecting your interests.