Law Commons^™

Title Theft, Stewart E. Sterk

Washington and Lee Law Review Online

Real property owners across the country have been targeted by scammers who prepare deeds purporting to convey title to property the scammers do not own. Sometimes, the true owners are entirely unaware of these bogus transfers. In other instances, the scammers use misrepresentation to induce unsophisticated owners to sign documents they do not understand.

Property doctrine protects owners against forgery and fraud—the primary vehicles scammers use in their efforts to transfer title. Owners enjoy protection not only against the scammers themselves, but generally against unsuspecting purchasers to whom the scammers transfer purported title.

Recovery of title, however, involves costs and …

A Timeshare By Any Other Name: Fractional Homeownership And The Challenges And Effects Of Commodified Single-Family Homes, Christopher Markuson

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Restricting Funeral Expense Deductions, William A. Drennan

Dickinson Law Review (2017-Present)

During the Middle Ages, the wealthy often requested burial in mass graves with their fellow mortals, as a sign of humility. But since the rise of the cult of the individual during the Renaissance, individual burial plots have been an expression of prestige, wealth, and social status for some. For example, Leona Helmsley, real estate baroness and “Queen of Mean,” dedicated $3 million upon her death for the care and maintenance of her 1300 square foot, $1.4 million mausoleum. Respectful disposition of the body is a hallmark of civilization and a common law requirement of estate administration, but an extravagant …

Spatial Distribution Of Property Sales Using Geographic Information Systems: A Case Study Of Riyadh, Abdulaziz Aldegheishem, Abdulrahman Abalkhail, Saleh Alhumaydani

Emirates Journal for Engineering Research

This research demonstrates the importance of representing and making data available on the map for urban areas in terms of contributing to raising the transparency index of the real estate sector and facilitating the process of accessing information, by reviewing some studies that dealt with it, its history, uses, and some examples. This paper presents a model based on geographic information systems that combines property sales data and a map of land division according to location and time for Riyadh city, the case study, and explains how to find a common link for different real estate data for land assets …

Toxic Bones: The Burdens Of Discovering Human Remains In West Virginia's Abandoned And Unmarked Graves, J. William St. Clair, Robert Deal

West Virginia Law Review Online

This article pulls up and highlights a land use restriction, or financial burden, imposed upon West Virginia private real estate owners who inadvertently uncover human skeletal remains in unmarked graves on their property. In this state, those coming across human bones that historians and archaeologists eventually deem have no historical or archeological significance have a choice—pay the costs to have the bones removed and reinterred or cover the bones and use the property only as a cemetery in perpetuity. This burden becomes more acute when comparing West Virginia’s law to those of other states that require government officials, at public …

Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano

Touro Law Review

No abstract provided.

Bad Foundation: Washington's Lack Of Homeowner Rights, Brendan Williams

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

A River Runs Through It: The Jobs Act’S Course Through Crowdfunding, Towards Stable Returns On Investment In Real Estate, Devin Finlayson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

O'Donovan V. Mcintosh: Changing The Contours Of Maine's Easement Law, Michael J. Polak

Maine Law Review

In O'Donovan v. McIntosh, a real estate developer, Timothy O'Donovan, brought an action seeking, in part, a declaratory judgment concerning the transferability of an easement that he purchased from the defendant, John A. McIntosh, Jr. O'Donovan and McIntosh subsequently filed a joint motion for partial summary judgment to obtain a ruling that would affirm the assignability of the easement in question. Susan Huggins, the owner of the servient estate upon which the easement in question imposed, objected to this motion as a third party defendant. She filed a cross-motion for summary judgment maintaining that the easement in question was not …

Property: Preoccupation With Occupancy: Defining "Residential Tenant" Under Minnesota Statute Section 504b.375—Cocchiarella V. Driggs, Lisa Cline

Mitchell Hamline Law Review

No abstract provided.

The Evolution Of E-Commerce In Virginia Real Property Transactions, Ronald D. Wiley Jr.

University of Richmond Law Review

No abstract provided.

Real Estate Crowdfunding – Modern Trend Or Restructured Investment Model?: Have The Sec’S Proposed Rules On Crowdfunding Created A Closed-Market System?, Cory Baker

The Journal of Business, Entrepreneurship & the Law

Crowdfunding is one of the fastest growing and most controversial segments of online purchasing and investing. Crowdfunding projects have been increasingly geared towards real estate development and are changing the scope of investment by enabling developers to solicit securities-based funding from the public. When the Securities and Exchange Commission (SEC) proposed its rules to allow crowdfunding under the Jumpstart Our Business Startups (JOBS) Act, it raised the issue of whether crowdfunding would be a viable option for building and owning large-scale projects. Offering developers new ways to finance projects, small investors a way in, and the socially conscious an avenue …

Local Government Finance As Integrated System: The Uneasy Case For Using Special Districts In Real Estate Finance (A Response To Odinet’S Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance), Darien Shanske

Washington and Lee Law Review Online

Local governments have long used special financing districts to build infrastructure. If a local project, say building a pocket park, is likely to increase the values of properties very close to the park, then why should those properties not pay for the park in the first place? Though efficient and fair in many cases, the use of these districts can also be problematic. For instance, it seems likely that wealthier residents, with higher property values to leverage, are especially likely to use these districts effectively. It has also been the case that developers have used these districts speculatively, which had …

Response To Christopher Odinet, Super- Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Peter W. Salsich Jr.

Washington and Lee Law Review Online

No abstract provided.

Judicial Treatment Of California’S Anti-Deficiency Legislation Section 580b: Is It Effective?, Cole F. Morgan

The Journal of Business, Entrepreneurship & the Law

Short sales of real property represent approximately a quarter of all homeowner transactions. Recently, short sales passed foreclosures as the preferred method in home sales due to the ease of sale. Coker v. JP Morgan Chase Bank, N.A., has ruled lenders of a purchase-money mortgage may not pursue a deficiency judgment after the short sale of a home. Essentially, this means after the sale is completed and the lender has obtained the proceeds from the sale, if there is a deficiency, they may not personally hold the borrower liable for the remaining debt of the mortgage. The ruling was established …

Nevada's Foreclosure Epidemic: Homeowner Associations' Super-Priority Liens Not So "Super" For Some, Kylee Gloeckner

Nevada Law Journal

No abstract provided.

The Tax Treatment Of Mixed Personal And Rental Use Of Real Estate, Natsua Asai

Journal of Undergraduate Research at Minnesota State University, Mankato

In 2010, individual taxes provided almost half (43.35 %) of the U.S. Federal Revenue. Every U.S. citizen has an obligation to pay tax in order to support their government; however, they also have the right to keep tax as low as possible by effective tax planning (Smith, Harmelink, & Hasselback, 2012). Tax planning is a proper arrangement of transactions or affairs in order to reduce tax liability. Tax planning can become complex if the transaction involves multiple areas of tax law. I am going to discuss an aspect of real estate that involves multiple concepts and rules governing tax compliance: …

The Real Estate Brokerage Industry And Antitrust Implications, Lynn H. Mack, Valerie A. Moore

Pepperdine Law Review

No abstract provided.

Effects Of The New Bankruptcy Code On Creditors With Secured Claims In Residential Real Property, Richard Mednick

Pepperdine Law Review

The sweeping changes brought about by the Bankruptcy Reform Act of 1978 may have a profound effect on the secured interests of lenders. The rights of a creditor against a debtor, and the procedure that he must follow vary with the chapter of the new Bankruptcy Code under which the debtor files his claim. Richard Mednick, a Judge on the Bankruptcy Court for the Central District of California, explains the procedures required and the interest affected by the most commonly invoked chapters of the new code. Judge Mednick strongly urges that creditors become familiar with these changes, as some new …

Easton: The Birth Of Negligence In Real Estate Broker-Purchaser Relationships, Gilbert A. Partida

Pepperdine Law Review

No abstract provided.

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

No abstract provided.

Mezzanine Finance And Preferred Equity Investment In Commercial Real Estate: Security, Collateral & Control, Jon S. Robins, David E. Wallace, Mark Franke

Michigan Business & Entrepreneurial Law Review

This article will review both the genesis and the rise in popularity of preferred equity and mezzanine debt, examine their legal and structural differences, and provide some exposition as to how these financing techniques work from security, collateral and control standpoints. We do not undertake in this article to address the differences in tax and accounting treatment between mezzanine loans and preferred equity investments both for either the mezzanine lender or preferred equity investor on the one hand, or for the mezzanine borrower or the common equity investor, on the other hand. In deciding upon which structure to use, transaction …

Developing Disaster: How Developers Are Using A Covenant To Steal From Homeowners And Why The States Should Stop Them, Amy Kathleen Lewis

Oklahoma Law Review

No abstract provided.

Title Examinations, When Is Action On The Security Instrument Barred, John W. Fisher Ii

West Virginia Law Review

No abstract provided.

Real Property, Scott Benjamin

Golden Gate University Law Review

No abstract provided.

Acquisition Of Real Estate In Mexico By U.S. Citizens And American Companies, Jorge A. Vargas

San Diego International Law Journal

Buying real estate in Mexico, or enjoying the beneficiary rights through a real estate trust, known in Mexico as fideicomiso, involves a considerable amount of money and effort. One must take into account that this legal transaction is executed in Mexico in accordance with Mexican law-a foreign legal system belonging to the civil legal tradition, contrasted by the U.S. legal system derivative of the common law tradition-and recognize that Americans and U.S. legal entities are typically quite unfamiliar with Mexican law. This Article provides a complete overview of the process of acquiring real estate in Mexico by Americans and U.S. …

Title Insurance In Mexico: A Necessary Protection, Duplicative Expense, Or Something In Between, Christina Clemm

San Diego International Law Journal

This Comment is written for those interested in buying property in Mexico and for the professionals who advise them. It begins by analyzing whether title insurance companies provide a necessary service for those purchasing property in Mexico. This section of the Comment addresses issues related to the protections afforded by Mexican law and whether title insurance is duplicative in light of those protections. It also discusses another option for a buyer, obtaining an opinion from a Mexican attorney. It goes on to analyze whether having a title insurance company maneuver the Mexican courts is a justification for its purchase. It …

Real Estate Law, Brian R. Marron, Christopher M. Gill

University of Richmond Law Review

No abstract provided.

Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene

University of Richmond Law Review

No abstract provided.

Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald Benton Brown, Thomas H. Thurlow Iii

Oklahoma Law Review

No abstract provided.