TORABI & ASSOCIATES

Our PRACTICE AREAS

LITIGATION

We are different. In an area of practice where many so called 'litigators' have never actually tried a case, we have successfully tried cases in federal district and bankruptcy courts, as well as in state district, county, and probate courts. Whether involving routine title curative issues, complex property claims, fraud, or fraudulent transfers, we have the skills and depth of experience to quickly and efficiently deliver exceptional results for you.

APPEALS

We have successfully prosecuted and defended appeals of judgments involving claims for fraud, fraudulent transfer, bona fide purchaser, quiet title, and deceased mortgagor title issues. Recently, Mr. Torabi secured the reversal of an adverse judgment establishing a $789,000 lien and ordering foreclosure of a commercial property, and after remand securing dismissal of all claims against the client and property in the trial court in a complex prior unreleased lien claim.

TITLE CURATIVE

Whether dealing with an unreleased prior lien, contested claim of ownership, easement, boundary dispute, ad valorem tax issue, or a deceased mortgagor title issue, we have the experience to quickly and efficiently clear title without needlessly wasting time and resources on unnecessary actions. .

REAL ESTATE FRAUD

Opportunities for substantial recovery are missed every day in cases involving forgery, fraud, or fraudulent transfers, because it takes uncommon expertise to be able to recognize case specific opportunities for recovery and resolution. Based upon our unique understanding of the law and real estate related litigation, we are able to identify and capitalize on case specific opportunities that might otherwise be missed.

Mark G. Torabi

Managing Attorney

Mark Torabi is a highly experienced trial attorney uniquely experienced in civil litigation. Mr. Torabi possesses exceptional problem-solving and consensus building skills, and is accomplished in the development and delivery of innovative, yet easy to understand solutions to complex and multi-faceted problems with a demonstrable track record of success.

Licensed to practice before all Federal District and Bankruptcy Courts in Texas, Mr. Torabi brings substantial first chair trial experience in both state and federal courts, civil appeals, and more than 20 years direct experience representing both plaintiffs and defendants in civil litigation. Mr. Torabi has been published in the Texas Bar Journal, Dallas Bar Journal, and several mortgage servicing industry publications on issues related to complex collections and real estate law, and was previously retained by Westlaw to draft and revise their Practical Law guides to Texas’ mechanic’s liens, foreclosure, and eviction areas of practice.

Appellate Decisions:

05-25-00781-CV (Dallas): In Re Your Problem My Solution, LLC; Secured COA's denial of Relator's Motion for Temporary Emergency Relief and Dismissal of Relator's Petition for Writ of Mandamus regarding trial court's post-trial Order expunging Relator's late filed Notice of Lis Pendens.
02-21-00321-CV (Fort Worth): In the Estate of Dolores Elizabeth Douglas, Deceased, et al v. The Castillian Condominiums, Inc., et al.; COA affirmed trial court's grant of summary judgment in favor of client on bona fide purchaser affirmative defense.
02-20-00286-CV (Fort Worth): Benbrook Econ. Dev. Corp. v. Nat'l Bank of Tex.; Obtained reversal of a $790,000 summary judgment providing for judicial foreclosure of a commercial property owned by Benbrook Economic Development Corporation, ultimately leading to dismissal of all claims against my client and the Property in the trial court below.
05-16-00246-CV (Dallas): McKinnon, et.al. v. Gurley; COA affirmed fraudulent transfer judgment obtained in favor of clients.
05-09-01068-CV (Dallas): Cardwell v. Gurley; COA affirmed holding that manager in closely held LLC owes fiduciary duty to LLC, award of damages to minority member is proper.
05-10-00155-CV (Dallas): IN RE BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE LOAN SERVICING, LP, Relator: Obtained mandamus relief from District Court order of transfer to Statutory Probate Court.
05-04-01354-CV: BANKSTON FORD OF FRISCO, LTD. CO., Appellant v. FREDERICK ROUSE AND KELLI ROUSE, Appellees: COA affirmed unanimous jury verdict obtained on DTPA claims.

Recent Trial Results:

September 22, 2024 - Cause No. DC-24-01287, Summary Judgment, 134th District Court, Dallas County, Texas: Obtained Traditional and No Evidence Summary Judgment declaring client a bona fide purchaser for value and removing an alleged 'affidavit' from the real property records that contested a previously recorded affidavit of heirship.
February 16, 2024 – Cause No. TX-20-01174, Bench Trial, 134th District Court (Tax Court), Dallas County, Texas: Obtained take nothing judgment against Plaintiff who sought to foreclose a transfer tax lien against our client's property.
October 2, 2023 – Cause No. PR-17-03767-1, Bench Trial, Probate Court No. 1, Dallas County, Texas: Obtained plaintiff verdict based upon claims for breach of fiduciary duty, fraud, and declaratory judgment, and obtained award for recovery of $55,000 in actual damages plus $140,000 in attorney’s fees incurred.
March 27, 2023 – Cause No. 03-SC-21-00507, Bench Trial, JP Court Precinct 3, Collin County, Texas: Obtained defense verdict based upon “as-is” clause in contract for sale of residential property and obtained award for recovery of attorney’s fees incurred.
May 3, 2021 - Cause No. 429-06318-2019, Bench Trial, 429th District Court, Collin County, Texas: Obtained judgment on affirmative bona fide purchaser defense resolving title to real property in favor of client.
December 31, 2020 - Cause No. 096-313075-19, Bench Trial, 96th District Court, Tarrant County, Texas: Obtained judgment on affirmative bona fide purchaser defense resolving title to real property in favor of client.
December 14, 2020 - Cause No. DC-19-15270, Bench Trial, 14th District Court, Dallas County, Texas: Obtained fraudulent transfer judgment in favor of client with award of attorney's fees and findings of fraud sufficient to support non-dischargeability in bankruptcy.

Publications:

Collecting from the 'Judgment Proof' Debtor: Tips for Identifying Fraudulent Transfers Before It’s Too Late; Texas Bar Journal, Vol. 78, No. 5, May 2015.

Texas Supreme Court Amends Home Equity Foreclosure Rules; Dallas Bar Association, Headnotes, May 2012.

Lien Releases on Real Property in Texas; Servicing Management; Vol. 1, Issue 12, March 2008

Texas Foreclosures: A Look at Mechanic’s and Materialmen’s Liens; USFN Report, January 2008.

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