Land partition actions in Pennsylvania can seem scary to the uninitiated. The procedures appear arcane at first glance — a seeming relic from earlier times in the Commonwealth. Crazy words such as “purpart” and “owelty” are...more
A number of articles previously published in Receivership News have pointed out that while it is clear that receivers appointed by federal courts have quasi-judicial immunity ( See, New Alaska Dev. Corp. v. Guetschow, 869...more
It is not unusual for joint owners of property to disagree on how to use that property or divide their interests in it. Family inheritance is a common culprit of these conflicts. Particularly where someone has died intestate,...more
In happier times and faced with fertility problems, Honeyhline and Jason Heidmann were married and willing to pay a third party to preserve frozen embryos should they want children. In 2018 the relationship fractured in their...more
Can you play nice and share a piece of real estate? Sharing is hard enough, but imagine jointly owning an investment property with your brother when he decides that he would like to sell and then retire in Hawaii. While your...more
In California, several classes of persons are entitled to some form of immunity protecting them from liability for activities performed in connection with judicial proceedings. For example, “judicial immunity” bars civil...more
It is not uncommon for family members, friends, or business partners to jointly own commercial or residential real property. With property values skyrocketing and Covid-19 allowing so many of us to work remotely, we saw a...more
When two or more co-owners of real property disagree over its use or management, one mechanism to resolve such disagreement is by partition. Partition of real property is a formal legal proceeding governed by Chapter 64,...more
Summertime is a special time of year in Wisconsin. It brings many families to cabins where they create memories and traditions that will be cherished forever. However, many problems arise if families do not create a plan...more
Texas is a “community property” state; but all property in Texas is not “community property”. In Texas, each spouse can have his or her own “separate” property, which generally consists of property that was acquired by gift...more
The real estate market in Seattle is notoriously expensive and competitive and everyone seems to be looking for more space as we enter the second year of a pandemic. There is also a rise in nontraditional partners buying...more
On November 20, Republican Senators Charles Grassley and Lamar Alexander – chairmen of the committees with jurisdiction over pensions – jointly released the Multiemployer Pension Recapitalization and Reformation Plan (the...more
Real Property Update - Foreclosure / Notice: Mail log sufficient evidence to establish mailing of notice to borrower of default and possibility of foreclosure – Stacknik v. U.S. Bank, N.A., No. 2D18-2156 (Fla. 2d DCA Nov....more
Real Property Update - Construction Lien: a delinquency charge of 1.5 percent found in materialman's contract with general contractor is not a finance charge recoverable under the materialman lien statute, Florida Statutes...more
Real Property Update - Foreclosure Sale: borrowers failed to allege adequate equitable factors and make proper showing to justify setting aside foreclosure sale, but instead re-litigate issues determined in underlying...more
Square Mile Energy LLC v. Pommier considered this language in a Louisiana partition agreement: “N.B: Included in this transfer are any and all mineral rights, when available, to Roxanne and all surface rights.” Did this...more