“I’m always interested in trying to assist people who otherwise can’t afford legal services, but I’m a commercial real estate lawyer, so it’s sometimes challenging to find cases that line up with my experience. I’m glad I was able to find something where I could help out and use my background.” – Susan Davis, Of Counsel, Nelson Mullins Riley & Scarborough LLP
In 2013, a small nonprofit–with a focus on community improvement and economic development–was searching for office space in Western Massachusetts. The executive director located a property owned by an elderly landlord who was having trouble keeping up with the tax payments for his building. The nonprofit agreed to pay the outstanding taxes in the form of a loan to the landlord to get the property out of tax title and the parties had a note drawn up for the loan. The property ended up being deeded to the nonprofit organization and the landlord later asserted that he had not intended to convey the property.
The organization then became responsible for future tax bills, but soon also fell behind on the tax payments. The former landlord sued the organization to have the property deeded back to him. The organization reached out to Lawyers Clearinghouse and was connected with commercial real estate attorney Susan Davis, Of Counsel at Nelson Mullins.
Susan worked with the organization’s director and the former landlord and his counsel to broker a settlement agreement to resolve the matter. The settlement terms required that the former landlord pay the organization the amount outstanding under the loan plus all additional amounts the organization had paid in real estate taxes and for repairs and expenses of the property. In order for the landlord to pay back the organization, the property needed to be sold.
After a lengthy negotiation process, the landlord was able to secure a buyer for the property and at the closing of the sale, the organization was paid back all amounts it was owed. The nonprofit located a more affordable office space and plans to move soon. The organization is happy that the matter has been resolved, so they can focus on serving the community and helping more people in need contend with their financial issues.
