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Articles 1 - 3 of 3
Full-Text Articles in Law
Improving The Uniform Partition Of Heirs Property Act, Rishi Batra
Improving The Uniform Partition Of Heirs Property Act, Rishi Batra
Faculty Articles
Johnny Rivers was born and had lived his whole sixty-nine-year life on the same seventeen-acre tract on Clouter Creek near the Cainhoy Peninsula of Charleston, South Carolina. His father owned the land since 1888, and his family had worked the land and paid taxes, never missing a tax payment. He thought he and his family would live on the land for the rest of his life.
However, in 2000, he received a letter telling him he was the subject of a legal action called a "partition.” A family member who was a part owner of the land and whom Rivers …
Well Enough Alone: Liability For Wrongful Foreclosure, Chad J. Pomeroy
Well Enough Alone: Liability For Wrongful Foreclosure, Chad J. Pomeroy
Faculty Articles
Part I of this Article both sets the stage for the current environment, in which banks and their officers and directors are under the spotlight and face an increasing amount of pressure due to their perceived role in the instigation of the Great Recession, and then examines in detail improvident lending and wrongful foreclosure, two of the wrongful acts banks have committed in connection with our current financial crisis that have generated a substantial amount of public interest and comment.
Part II examines the potential of officer and director liability for these disparate elements of the Great Recession, looking first …
The Real Doctrine & Covenants, Chad J. Pomeroy
The Real Doctrine & Covenants, Chad J. Pomeroy
Faculty Articles
Developers have recently begun creating, and attaching to the property they sell to consumers, what is known as a "recovery fee." These recovery fees are "new" in that most lawyers are not familiar with them and in that they seem to operate in a novel manner and are bottomed on novel claims. In essence, they create and levy a fee on subsequent owners each time the property is transferred, which fee purports to reimburse developers for infrastructure and other development costs. Because they seem new, and because they involve transfers from relatively small and unsophisticated parties to relatively large and …