News & Analysis as of

Real Estate Transactions Appeals

Whitman Legal Solutions, LLC

Court Decision Doesn’t Affect Corporate Transparency Act Requirements for Most Companies and Real Estate Investors

On March 1, 2024 a United States District Court in Alabama held in National Small Business United dba National Small Business Association v. Yellen (NSBA Case) that the Corporate Transparency Act (CTA) is unconstitutional. ...more

Vondran Legal

California Financial Elder Abuse Law in the Real Estate Context

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...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

ArentFox Schiff

Dangers of Failing to Properly Disclose Dual Representation

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It appears real estate brokers in the District will be able to breathe a sigh of relief after the US Court of Appeals for the DC Circuit vacated and remanded a district court’s finding that a brokerage firm failed to properly...more

Shutts & Bowen LLP

Drawn-out negotiations over purchase agreement result in extensive litigation

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A recent case weighed the extent to which a purchaser was able to negotiate terms when exercising a purchase of property under an option in a lease. The litigation began when, after the tenant/buyer exercised its purchase...more

Dorsey & Whitney LLP

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

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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

Nelson Mullins Riley & Scarborough LLP

Buyer Beware: The Risk of Ignoring Known Defects in Title Cannot be Cured by “Free and Clear” Bankruptcy Sale

Envision a scenario in which you purchased a right of first refusal for a parcel of real estate. That right, as bargained for, would let you purchase the parcel if it was put up for sale by matching any competing bidder’s...more

Snell & Wilmer

Amada Family Limited Partnership v. Pomeroy: Colorado Court of Appeals expressly affirms the continuing viability of the...

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On May 27, 2021, a division of the Colorado Court of Appeals issued its opinion in Amada Family Limited Partnership v. Pomeroy, 2021 COA 73. In that case, the court decided two significant issues that apparently had never...more

Woods Rogers

Be Wary of Real Estate Closings When Appealing Judgments

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The Supreme Court of Virginia recently issued an opinion serving as a cautionary tale for judgment debtors appealing judgments against them while concurrently seeking to pass clear title on unrelated real estate sales. That...more

Patton Sullivan Brodehl LLP

Court Boldly Goes Where No Court Has Gone Before While Navigating the Nuances of Attorney’s Fees and the Alter Ego Doctrine

Nothing triggers nerdy excitement within the legal community quite like a freshly decided case that claims to address an issue “which appears to be a question of first impression.” This is the court’s way of proclaiming in...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Tips for Virginia Real Estate Assessment Appeals in a COVID-19 Environment

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Litigation partner Shane Smith gives tips for protecting and improving your real estate assessment appeal rights and options in Virginia....more

Patton Sullivan Brodehl LLP

A Notice of Trustee’s Sale Does Not Necessarily “Disturb Possession”

Flashback: Five years ago, Money and Dirt covered the Salazar v. Thomas opinion from California’s Fifth District Court of Appeal holding that a Notice of Default does not “disturb possession” sufficiently to start the...more

Chambliss, Bahner & Stophel, P.C.

Who Gets Cash Hidden in House By Deceased Former Owner?

Imagine you bought a house and, a year and a half later, you discovered bundles of cash totaling more than $100,000 that had been hidden away by the deceased former owner. Who would be entitled to the money -- you or the...more

Snell & Wilmer

If You Purchase a House at an HOA Lien Foreclosure, Are You Entitled to Excess Sale Proceeds?

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That pesky excess sale proceeds statute, A.R.S. § 33-727, is making waves again. We previously blogged about this statute... In the prior post, we explained that excess sale proceeds (i.e., a foreclosure sale price greater...more

Ballard Spahr LLP

In Key TOPA Case, D.C. Court Says Reallocation of Existing Owners’ Interests Is Not a “Sale”

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The District of Columbia Court of Appeals recently determined, in Williams v. Kennedy, that a conveyance of ownership interests in a rental property does not constitute a sale under D.C.’s Tenant Opportunity to Purchase Act...more

Dentons

Sellers Beware: Failure to Disclose Known Defects When Selling Real Estate Could Cost You

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Last month, the Iowa Court of Appeals issued an opinion in the case of Robinson v. Welp, which serves as an important reminder to sellers to disclose all known problems affecting a home or face the potentially expensive...more

Lewitt Hackman

Franchisor 101: The Proof Is in the Writing

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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

Allen Matkins

Court Rules Lot Sales Were Sales Of Securities

Allen Matkins on

After a five week trial, a San Diego jury convicted Ronald Duane Dunham of multiple crimes, including seven counts of securities fraud. He was sentenced to 12 years in prison. After unsuccessfully appealing his conviction to...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

Foley Hoag LLP - Environmental Law

Yes, Virginia, Selling a Building Known to Contain PCBs Can Constitute An Arrangement for Disposal

Some cases just make you wonder what people were thinking. I’m not even sure Donald Trump would have tried to get away with what Dico, Inc., tried to get away with. In 1994, EPA issued an administrative order, requiring...more

Bilzin Sumberg

New Second Circuit Statute of Limitations Ruling A Benefit to Loan Originators, Brokers

Bilzin Sumberg on

As originators and brokers of mortgage loans continue to get served with new lawsuits (or threatened with potential suits) related to loans that they conveyed to aggregators prior to the financial crisis of 2008, questions...more

Proskauer - Proskauer For Good

New Jersey Law Against Discrimination Protects Autism Non-Profit in Land Dispute

The New Jersey Appellate Division, in a landmark ruling — Oasis Therapeutic Life Centers, Inc. v. Wade et al., (December 10, 2018) — upheld a real estate purchaser’s right to assert a claim under New Jersey’s Law Against...more

Winstead PC

Court Holds That A Judgment Was Not Effective Against Three Estates Where The Plaintiffs Did Not Sue The Estates’ Representatives...

Winstead PC on

In Delgado v. Garza, the plaintiffs sued for breach of a warranty of title, trespass to try title, and other related claims all stemming from a land transaction between an ancestor of the Salinases and an ancestor of the...more

Snell & Wilmer

Everyone Wins When a Foreclosure Sale Generates Excess Proceeds

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When a foreclosure sale generates more money than needed to pay off the lien, the excess proceeds usually go first to creditors in the order of their priority, and second to the owner after creditors are paid in full. So, in...more

Snell & Wilmer

Orchestrating Bias: Arbitrator’s Undisclosed Membership in Philharmonic Group with Pauly Shore’s Attorney Not Grounds to Reverse...

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The California court of appeal recently issued an unpublished decision in Knispel v. Shore, 2017 WL 2492535, affirming a judgment confirming an arbitration award in a real estate dispute involving Pauly Shore. The court of...more

Dechert LLP

Section 1111(b) Election Not Available When Collateral Is Sold Post Petition

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The facts in Salamon are straightforward. Salamon (“Buyer”) purchased real property from Behrend (“Seller”) that was already subject to two liens (the “Preexisting Debt”). Instead of paying cash at closing, the Buyer executed...more

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