1.  Real Estate / Conveyancing

This form of law deals with the rights to use, alienate, or exclude others from land. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights, such as an easement. Mineral rights and water rights are closely linked, and often interrelated concepts.

2.  Foreclosure & Loss Mitigation

This practice area concerns distressed properties.

PROSECUTION

You need skilled lawyers on your side when your mortgage loan portfolio is weighed down by borrowers in default. We provide comprehensive mortgage services including:

• Foreclosure
  

• Relief of Stay
  
• Eviction
  
• Closing Services
  

While we offer creative solutions to help your debtors fulfill the terms of your mortgage agreement, our top priority is to get you the highest return possible.

DEFENSE

When alternatives to foreclosure are in the borrower's best interests, we help you get the best result possible from strategies such as:

• Repayment Plans
  
• Buy-Backs and Resells
  

• Short Sales
  
• Deeds-in-Lieu
  
• Forbearance Agreements
  
• Modification Agreements
  

3.  Bankruptcy (US only)

CREDITORS

When you are a holder of secured debt and you are confronted with the automatic stay of bankruptcy, you need a skilled lawyer. Our firm’s services include:

• Adversary Complaints
  

• Motions for Relief from Automatic Stays
  
• Proofs of Claim
  
• Reaffirmation Agreements
  

Our attorneys use aggressive strategies to ensure that you receive the maximum repayment possible from your debtors in bankruptcy.

DEBTORS

Chapter 7, Chapter 11, Chapter 13

4. Wills, Trusts & Estates

PROBATE

Receipt of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A Surrogate's Court Magistrate decides the legal validity of a testator's will and grants its approval by granting probate to the executor. The probated will becomes a legal document that may be enforced by the executor in the law-courts if necessary. A probate also officially appoints the executor (or personal administrator), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. A will may be contested through the probate process.

LETTERS OF ADMINISTRATION

Administration of an estate on death arises if the deceased died owning property greater than the sum of their enforceable debts and funeral expenses without having made a valid will or other binding declaration.

5.  Land Use / Zoning

We assist a spectrum of clients—including small developers and corporations, as well as individual owners and both local and state government units—in land use needs ranging from individual home projects to industrial development. First, we identify potential challenges. Then, based on your objectives, we steer a course through the complex regulatory environment. We handle matters concerning zoning, subdivision, environmental review and control board hearings, environmental floodplain, shoreland and wetland protection regulations and permitting, historic preservation, licensing, and easements. We collaborate with project architects and other project consultants, lenders, government staff and officials, and community members to deliver creative, cost-effective regulatory approvals. In addition to obtaining development approvals, we perform due diligence review regarding land use issues relevant to real estate transactions and advise property owners on land use and regulatory consequences of eminent domain actions.

Practice Areas

Real Estate/Conveyancing • Foreclosure & Loss Mitigation •  Bankruptcy (US only) • Wills/Trusts/Estates •Land Use/Zoning

Landlord-Tenant• Construction •Condemnation/Eminent Domain•Tax Certiorari (US Only)

Unless otherwise indicated legal services listed below are available in both the United States and Trinidad & Tobago.

Law Offices of Jjais A. Forde, PLLC

6.  Landlord-Tenant

NON-PAYMENT PROCEEDINGS

Landlord Representation

For LANDLORDS, we prepare rent demands and predicate notices, including notices to cure and termination notices; prepare notices of petitions and petitions; prosecute at trial; and, when appropriate, negotiate favorable settlements.

Tenant Representation

Representation of TENANTS includes the preparation of answers asserting appropriate affirmative defenses, engaging in motion practice when necessary, defending at trial, and whenever possible, negotiating reasonable stipulations and settlements.

HOLDOVER PROCEEDINGS

Residential holdover proceedings can arise from claims of (i) non-primary residence, (ii) illegal subletting, (iii) nuisance, (iv) owner's own use, (v) succession claims, (vi) no-pet clause violations, (vii) breaches of a substantial obligation of tenancy, (viii) expiration of term, and (ix) illegal alteration.

Commercial holdover proceedings can revolve around claims of (i) illegal assignment and subletting, (ii) illegal alterations, (iii) breaches of lease provisions, (iv) building code and other violations, (v) expiration of term, (vi) violations of the certificate of occupancy, and (vii) illegal use of the premises.

POST-JUDGMENT

For those who require full service, we are equipped to handle certain aspects of post-judgment proceedings. Once we have obtained a judgment or if a tenant violates a stipulation, we ensure that the courts issue appropriate warrants and coordinate with the Marshal.

OTHER PROCEEDINGS

In addition to handling non-payment and holdover proceedings, we represent landlords and tenants in HP proceedings, which are brought by tenants or the Department of Housing Preservation and Development to obtain repairs, as well as in warranty of habitability disputes.

We also routinely litigate shareholder claims, such as shareholder derivative actions brought by shareholders of cooperatives to address corporate wrongdoing, as well as claims for declaratory and other equitable relief.

7.  Construction

Even the simplest construction project will involve multiple parties whose varying responsibilities and risks are outlined in a web of contracts. We assist clients in addressing the legal challenges of engaging in the design, development, financing, performance and management of small to mid-size residential and commercial construction contracts. Experienced in drafting and negotiating design and construction agreements on behalf of owners and contractors on development projects.

8.  Condemnation / Eminent Domain

Condemnation (referred to as "Compulsory Purchase" in the Caribbean) is  the formal act of the exercise of the power of eminent domain (also termed "Appropriation") to transfer title to the property from its private owner to the government. This use of the word should not be confused with its sense of a declaration that property is uninhabitable due to defects. Condemnation via eminent domain indicates the government is taking ownership of the property or some lesser interest in it, such as an easement. After the condemnation action is filed the amount of just compensation is determined in trial. However, in some cases, the property owner challenges the right to take because the proposed taking is not for "public use", or the condemnor is not legislatively authorized to take the subject property, or has not followed the proper substantive or procedural steps as required by law.