Learn how to file a Motion for Summary Judgment in real estate disputes. Understand the steps, key considerations, and strategies for resolving property-related legal issues without going to trial.
Real estate litigation often involves high stakes and complex factual disputes. Fortunately, Motions for Summary Judgment (MSJs) offer a way to resolve these cases without the time, cost, and uncertainty of a trial. When material facts aren't genuinely disputed, an MSJ can bring a swift end to real estate conflicts involving contracts, property ownership, boundaries, and more.
In this guide, we’ll walk you through when and how to file a Motion for Summary Judgment in real estate disputes—and how to maximize your chances of success.
A Motion for Summary Judgment asks the court to decide a real estate dispute without a trial by showing that no genuine issue of material fact exists. The moving party argues that based on the undisputed evidence, they are entitled to judgment as a matter of law.
In real estate, MSJs are often used to resolve issues like title ownership, breach of real estate contracts, boundary line disputes, and easement enforcement.
If title records or deeds clearly establish ownership—and no material facts are in dispute—an MSJ can secure a ruling without the need for trial testimony.
When one party fails to perform under a real estate contract (e.g., delivering clear title or making timely payments) and the evidence is clear, an MSJ can resolve the claim efficiently.
If surveys, title documents, or recorded easements leave no room for factual disagreement, an MSJ can secure enforcement of property boundaries or easement rights.
Lenders often file MSJs to expedite foreclosure when loan default is undisputed based on loan documents, payment history, and affidavits.
Analyze the case record carefully. Key documents may include:
Deeds
Leases or purchase agreements
Survey reports
Title insurance policies
Payment records
Your motion should:
Summarize the undisputed facts
Cite applicable property, contract, or real estate law
Argue why judgment is appropriate based on those facts and law
Attach all critical documents and affidavits. Evidence must be admissible and clearly demonstrate that no material factual disputes exist.
File your motion with the court and serve it properly on the opposing party according to court rules.
Many courts schedule a hearing where both sides argue whether summary judgment is warranted. Be prepared to present your strongest evidence and legal reasoning.
You must show that no reasonable jury could find differently based on the evidence.
As the moving party, it's your responsibility to eliminate any genuine factual disputes through clear, compelling evidence.
The opposing party will likely argue that factual disputes exist. Prepare counterarguments showing why those disputes are irrelevant, immaterial, or unsupported.
A strong MSJ may prompt settlement negotiations by showing the weakness of the opposing party's position.
Failing to Attach Supporting Evidence: Judges need proof, not just argument.
Overlooking Possible Factual Disputes: Even small factual disputes can derail an MSJ.
Weak Legal Analysis: Tie your facts tightly to applicable law and cite relevant case law.
Missing Procedural Deadlines: Always check local court rules and scheduling orders.
In real estate litigation, filing a Motion for Summary Judgment can be an efficient, powerful way to resolve property disputes early. Success depends on careful fact gathering, persuasive legal arguments, and strict compliance with procedural rules. By eliminating material factual disputes and showing entitlement under the law, you can increase your chances of obtaining judgment before trial.
If you’re involved in a real estate dispute and believe an MSJ could help, working with an experienced legal team can make all the difference.
At Legal Husk, we help property owners, buyers, sellers, and investors navigate real estate disputes with strategic precision.
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