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Full-Text Articles in Law
Contract Consentability: Autonomy Threats, Benefits, And Framing, Eric A. Zacks
Contract Consentability: Autonomy Threats, Benefits, And Framing, Eric A. Zacks
Law Faculty Research Publications
No abstract provided.
Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond
Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond
Nevada Supreme Court Summaries
The Court determined that (1) the spousal exception bars recovery from the Nevada Real Estate Education, Research and Recovery Fund (“Fund”) for fraud incurred during the period of the marriage and (2) where a spouse co-owned the defrauded property, the surviving spouse may not recover from the Fund.
Why We Need A Comprehensive Recording Fraud Registry, Randall K. Johnson
Why We Need A Comprehensive Recording Fraud Registry, Randall K. Johnson
Journal Articles
This essay argues for a modest expansion of the Nationwide Mortgage Licensing System and Registry (NMLS) in order to detect and deter more recording fraud. It does so, initially, by explaining why this online registry limits mortgage fraud. The essay later describes how the NMLS could detect or deter other crimes, such as deed fraud and lien fraud. Lastly, it deals with concerns about a Comprehensive Recording Fraud Registry.
Baltimore After The War Of 1812: Where Robert Mills Met His Waterloo And When James A. Buchanan Broke The Bank, Garrett Power
Baltimore After The War Of 1812: Where Robert Mills Met His Waterloo And When James A. Buchanan Broke The Bank, Garrett Power
Faculty Scholarship
In 1815 Baltimore City was boom town. Its militiamen had repulsed the British sea invasion and presaged an end to the War of 1812. Napoleon’s defeat at Waterloo in 1815 signaled an end to European wars. Freedom of the seas had been restored. The Baltimore “Clipper” was the best sailing ship on the ocean. Baltimore looked to become the country’s leading exporter of grain, flour, and tobacco. Merchant James A. Buchanan, a partner in one of the country’s greatest shipping firms, had been named President of the Baltimore Branch of the Second National Bank of the United States. Civic leaders …
The Properties Of Instability: Markets, Predation, Racialized Geography, And Property Law, Audrey Mcfarlane
The Properties Of Instability: Markets, Predation, Racialized Geography, And Property Law, Audrey Mcfarlane
All Faculty Scholarship
A central, symbolic image supporting property ownership is the image of stability. This symbol motivates most because it allows for settled expectations, promotes investment, and fulfills a psychological need for predictability. Despite the symbolic image, property is home to principles that promote instability, albeit a stable instability. This Article considers an overlooked but fundamental issue: the recurring instability experienced by minority property owners in ownership of their homes. This is not an instability one might attribute solely to insufficient financial resources to retain ownership, but instead reflects an ongoing pattern, exemplified throughout the twentieth century, of purposeful involuntary divestment of …
The Fallen Angel, Roger Bernhardt
The Fallen Angel, Roger Bernhardt
Publications
This article discusses a case where the buyer was defrauded by a real estate broker into purchasing property he could not afford.
Making The Broker Pay When The Deal Goes Bad, Roger Bernhardt
Making The Broker Pay When The Deal Goes Bad, Roger Bernhardt
Publications
This article discusses a California decision holding the broker liable to a buyer for misrepresenting the ability of the sellers to convey good title.
Identity Theft And Foreclosure Surpluses: Ctc Real Estate Servs. V Lepe, 2006, Roger Bernhardt
Identity Theft And Foreclosure Surpluses: Ctc Real Estate Servs. V Lepe, 2006, Roger Bernhardt
Publications
This article discusses a California case which held that an identity theft victim in whose name a mortgage was obtained may recover the undistributed surplus proceeds that remained after its foreclosure sale.
Tender By A Worthless Document: Mcelroy V Chase Manhattan Mortgage, 2005, Roger Bernhardt
Tender By A Worthless Document: Mcelroy V Chase Manhattan Mortgage, 2005, Roger Bernhardt
Publications
This article discusses a California case which held that a debtor’s tender of a document that was worthless on its face did not prevent foreclosure or give rise to a creditor’s obligation to object to the tender.
The Economic Loss Rule: Robinson Helicopter V Dana (2004), Roger Bernhardt
The Economic Loss Rule: Robinson Helicopter V Dana (2004), Roger Bernhardt
Publications
This article discusses a California Supreme Court case which held that the economic-loss rule does not bar tort recovery—compensatory and punitive damages—in a claim for intentional misrepresentation or fraud independent of a claim for breach of contract as might be applied to construction litigation.
Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt
Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt
Publications
This article discusses a California case which held that the measure of damages for a broker’s intentional misrepresentation to principal agent is not limited to the buyer’s out-of-pocket losses but may be measured by the benefit-of-the bargain rule.
Nondisclosures By Sellers, Brokers, And Home Inspectors, Roger Bernhardt
Nondisclosures By Sellers, Brokers, And Home Inspectors, Roger Bernhardt
Publications
This article summarizes many issues involved when a real estate buyer believes that someone did not tell them the full story about the condition of property they acquired and they want to sue for those untruths. Areas of discussion include seller, broker, and home inspector intentional and negligent concealment of property defects.
Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt
Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that a full credit bid at foreclosure, based on a fraudulent appraisal, does not preclude an action against the appraiser.
You Can Sell But You Can’T Hide, Roger Bernhardt
You Can Sell But You Can’T Hide, Roger Bernhardt
Publications
This article discusses the importance of including former owners as parties in lawsuits for fraud or negligent misrepresentation in the sale of real estate in California.
Valuation Issues In Applying Fraudulent Transfer Law To Leveraged Buyouts, Alemante G. Selassie
Valuation Issues In Applying Fraudulent Transfer Law To Leveraged Buyouts, Alemante G. Selassie
Faculty Publications
No abstract provided.
The Recording Laws Of The United States, Thomas M. Cooley
The Recording Laws Of The United States, Thomas M. Cooley
Articles
Of the securities,provided by law for the protection of property, perhaps none is more important than the registration of land titles. We put aside, very early, the old English notion that the best evidence of title was the possession of the title deeds, and adopted a system which, in theory, proposed to place in a public office, accessible to everyone, a record of the titles to real estate, by which every man might safely buy or safely accept encumbrances. Speaking generally now of the system, the theory seems to be nearly perfect. Every instrument affecting the title to lands must …