News & Analysis as of

Fraud Real Estate Transactions

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Freiberger Haber LLP

Caveat Emptor and Reasonable Reliance on Fraudulent Misrepresentations When Purchasing Real Property

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Today’s BLOG article relates to fraudulent concealment, caveat emptor and justifiable reliance when purchasing real property. As readers of this BLOG know, a “cause of action to recover damages for fraudulent...more

Cadwalader, Wickersham & Taft LLP

Beware of the Law of Unintended Consequences

A recent study, Government Litigation Risk and the Decline in Low-Income Mortgage Lending, provides further evidence that the law of unintended consequences reigns supreme, particularly in the realm of public policy. The...more

Lowndes

Protect Your Property: Register for Florida’s Title Fraud Alert Service

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Title fraud in Florida has increased significantly in recent years. This type of fraud typically involves a person forging a deed to transfer someone else’s real property to a shell company formed by the fraudster. The...more

Vondran Legal

California Financial Elder Abuse Law in the Real Estate Context

Vondran Legal on

...Financial Elder Abuse Cases in California in the Real Estate context - This blog provides general legal information regarding the topic of financial elder abuse in California, with a focus on cases involving real estate...more

Lowndes

Lee County Pilots New Property Fraud Prevention Program

Lowndes on

In an effort to combat the rising levels of real property fraud, the Florida Legislature has implemented a pilot program in Lee County requiring government-issued photo identification (ID) for filing deeds in person or by...more

Kaufman & Canoles

Title Insurance Client Alert - June 2023

Kaufman & Canoles on

Recently, the Circuit Court of Arlington County, Virginia, issued an important decision involving the modification and enforcement of deeds of trust. In Mahaley v. Metters, CL21002581-00/01, 2023 Va. Cir. LEXIS 80 (Arlington...more

Wyrick Robbins Yates & Ponton LLP

Combatting Seller Impersonation Fraud with Respect to Vacant, Unencumbered Land

The Emergence of Seller Impersonation Fraud - Recent reports from various title companies and other leaders in the real estate industry show that across the United States, systematic fraudulent schemes involving...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - August 2, 2022

Dorsey & Whitney LLP on

We are spotlighting a published California Court of Appeal decision on rehearing for its analysis on contract and fraud claims arising out of a real estate transaction. The California Court of Appeal, Fourth Appellate...more

Allen Matkins

Finders And The Statute Of Frauds

Allen Matkins on

Section 1624 of the California Civil Code specifies a number of agreements that are invalid unless they, or some "note or memorandum thereof", are in writing and signed by the party to be charged or the party's agent.  One of...more

Burr & Forman

Fraudulent Transfers of Property Listed for Sale on the Internet

Burr & Forman on

Scammers are taking advantage of the active real estate market. Recently, I was contacted by a client who received a call from a lawyer in another state to verify a signature on a deed for the client’s lot being sold;...more

Wiley Rein LLP

Date of Wrongful Acts, Not Harm Caused By Acts, Relevant Factor in Determining Application of Retroactive Date Exclusion

Wiley Rein LLP on

Applying California law, a federal district court has held that a policy’s retroactive date exclusion bars coverage even if the harm caused by the wrongful acts materializes after the retroactive date. Bararsani v. HDI...more

Farrell Fritz, P.C.

Fraud Claims Dismissed Based on the “As Is, Where Is, and With All Faults” Contractual Provision

Farrell Fritz, P.C. on

Nobody likes fraud claims asserted against them. Thankfully for defendants, fraud claims are notoriously difficult to prove, and defendants often try to have these claims dismissed at the pleading stage....more

Gray Reed

Using a Dummy Company Can Be a Smart Business Decision

Gray Reed on

Using a dummy company, whose sole purpose is to conceal the purchaser’s identity, is a well-established and generally legal practice. The most famous example is The Walt Disney Company’s use of multiple dummy companies to buy...more

Lewitt Hackman

Franchisor 101: The Proof Is in the Writing

Lewitt Hackman on

Ten years after the franchisor of the EXIT real estate system entered into a franchise agreement for a franchisee to operate an EXIT franchise in Maitland, Florida, the parties entered into another franchise agreement for a...more

Winstead PC

Breach Of Fiduciary Duty Claim Against Trustee Based On Self-Dealing Real Estate Investment Was Dismissed Due To Limitations,...

Winstead PC on

In Goughnour v. Patterson, a beneficiary sued a trustee based on a failed real estate investment. No. 12-17-00234-CV, 2019 Tex. App. LEXIS 1665 (Tex. App.—Tyler March 5, 2019, no pet. history). In 2007, the trustee of four...more

Hogan Lovells

Proptech Decoded – Pulling the chain on traditional land registration?

Hogan Lovells on

HM Land Registry is currently looking into the potential use of blockchain technology as part of its Digital Street project.  This supports HM Land Registry’s aim to “become the world’s leading land registry for speed,...more

Whitman Legal Solutions, LLC

Fraud and Forgery: From Vintage Violins to Today’s Real Estate Transaction

Fraud has a long history. In a recent blog in the Orchestrating Real Estate Series, New Things to Consider in Section 1031 after the Tax Cut and Jobs Act of 2017, I discussed how famous violin maker Jean-Phillipe...more

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