Steven L. Higgs, P.C.

9 Franklin Road, Southwest
Roanoke, Virginia  24011-2403


Telephone: (540) 400-7990
Facsimile:   (540) 400-7999
Email: higgs@higgslawfirm.com
Web: www.higgslawfirm.com

Real Estate

Development, Leasing, Litigation and Transactions

With over 25 years of legal experience in real estate regulation, real estate transactions and real estate-related litigation, The Higgs Law Firm offers a depth and breadth of  experience in real estate that is matched by few attorneys or firms.  We represent the interests of both borrowers and lenders.

During law school, Mr. Higgs assisted Professor W. Wade Berryhill in writing a law review article, "Title Examinations in Virginia," that was published in the University of Richmond Law Review in 1983 before it was included as a chapter in Professor Berryhill's book, Real Estate Closings:  The Law in Virginia with Forms (1984, The Harrison Company).

Mr. Higgs served after law school as Executive Director of the Virginia Real Estate Commission (now the Virginia Real Estate Board), as Assistant Director for Real Estate, Virginia Department of Commerce (now the Virginia Department of Professional and Occupational Regulation).  He was responsible for the management and direction of the regulatory, licensing and enforcement activities of the Commission, which licenses and regulates real estate brokers and salespersons, as well as condominium development in Virginia.

Mr. Higgs began his legal career searching real estate titles back to the original sovereign grants for the benefit of a national oil and natural gas company, and he has remained actively and extensively involved in real estate-related matters for over 25 years.

Development

The Higgs Law Firm has provided legal counsel to leading commercial and residential developers, assisting in the subdivision, development and sale of new developments as well as the vacation and re-subdivision of existing developments.  We represent real estate developers in zoning and land use matters, and in the formation and management of residential homeowners' and commercial community associations.

Leasing

The Higgs Law Firm provides legal counsel to both lessors and lessees of real property in negotiating, enforcing and terminating leasehold interests in real estate, including related litigation.  We have extensive experience in both commercial and residential real property leases, including unique leases such as those for billboards and storage units.

Real Estate-Related Litigation

The Higgs Law Firm serves as litigation counsel to a national title insurance company, representing its insureds in litigation that arises from real estate matters.  We serve as Tax Sale Counsel for the City of Roanoke, litigating claims for delinquent real estate ad valorem taxes.  We have litigated "quiet title" actions and other suits on behalf of numerous lenders whose secured positions were threatened by clouds on title, fraud, or other issues.  We have represented both landlords and tenants in lease-related litigation and in non-litigation workouts, including guiding owners and landlords through the various self-help remedies that Virginia law permits.


Real Estate Transactions

Mr. Higgs has conducted literally thousands of real estate closings, ranging from small home equity loans to multi-million-dollar commercial transactions involving complicated financing, construction and environmental issues.  We are experienced in coordinating like-kind tax deferred exchanges under Internal Revenue Code §1031.  We represent both borrowers and creditors, and frequently assist and represent lenders in protecting their interests in complex financing arrangements.

Fees


Most real estate-related representation and litigation is handled on an hourly fee basis.  Transactional work may be handled on either an hourly fee basis or on a flat fee basis, as appropriate.

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