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Property Law and Real Estate

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Full-Text Articles in Law

A New Framework For Condominium Structural Safety Reforms, Stewart E. Sterk, Reid K. Weisbord May 2024

A New Framework For Condominium Structural Safety Reforms, Stewart E. Sterk, Reid K. Weisbord

Faculty Articles

Forty years after the widespread popularization of residential condominium ownership in the United States, millions of Americans now live in aging, densely occupied structures that are subject to little (if any) ongoing regulation of structural safety. Most structural safety requirements are imposed and enforced at the time of initial construction, thus relegating questions of how to maintain a building’s structural integrity to individual owners and the mechanisms of condominium governance. However, reliance on voluntary action by unit owners too often falters because the divided ownership characteristic of the condominium form deters associations from investing in preventive maintenance. Postponement of critical …


What Is The Optimal Basis For Imposing Government Liens?, Randall K. Johnson Aug 2023

What Is The Optimal Basis For Imposing Government Liens?, Randall K. Johnson

Faculty Works

By presenting a detailed case study, which focuses on who gets subjected to government liens, this essay helps U.S. states to make more informed decisions. It seeks to do so by critically assessing Illinois’ historic approach to lien imposition and enforcement, in part, because this state had the most forced sales of real property in recent years. In addition, Illinois also generated the largest amount of related economic losses in the U.S. during that same time period. This state did so despite adhering to the old majority rule for turning over surplus value from such sales. That rule required creditors …


Theft Of The American Dream: New York City's Third-Party Transfer Program, Joseph Mottola Jun 2023

Theft Of The American Dream: New York City's Third-Party Transfer Program, Joseph Mottola

St. John's Law Review

(Excerpt)

On September 5, 2018, Paul Saunders discovered a notice on the front door of his mother’s home: it stated that the property, a Brooklyn brownstone owned by the family for over forty years, now belonged to a company called Bridge Street. His mother, seventy-four-year-old retired nurse Marlene Saunders, had been notified several months earlier that her home, valued at two million dollars, was in danger of being foreclosed because she owed New York City (the “City”) $3,792 in unpaid water charges. Her son had already paid the water bill, but when he contacted the water department, he discovered that …


Frederick Douglass And The Hidden Power Of Recording Deeds, Randall K. Johnson Jan 2022

Frederick Douglass And The Hidden Power Of Recording Deeds, Randall K. Johnson

Faculty Works

This Essay answers a single question: What led Frederick Douglass to accept an appointment as the D.C. Recorder of Deeds, especially at the height of his public service career? A possible answer, which is informed by the historical record and more contemporary accounts, is that Douglass accepted such an appointment for three reasons. The first reason is that the D.C. Recorder has been long recognized as an exemplar of fairness, perhaps due to its ministerial obligations, even when there could be no such expectation with respect to how Black folks are treated. The second reason is this office provided Douglass …


Residential Mortgage Default And The Constraints Of Junior Liens, R. Wilson Freyermuth, Dale A. Whitman Apr 2019

Residential Mortgage Default And The Constraints Of Junior Liens, R. Wilson Freyermuth, Dale A. Whitman

Faculty Publications

Our purpose in this Article is to show how and why junior liens impose these constraints on the process of resolving residential mortgage loan defaults, and to suggest some changes in the law that can restore a measure of desirable flexibility for borrowers and servicers in negotiating default resolutions. At the same time, these suggestions take into account, as they must, the need for fairness in respecting the legitimate rights of junior lienholders.


With All My Worldly Goods I Thee Endow: The Law And Statistics Of Dower And Curtesy In Arkansas, J. Cliff Mckinney Apr 2016

With All My Worldly Goods I Thee Endow: The Law And Statistics Of Dower And Curtesy In Arkansas, J. Cliff Mckinney

University of Arkansas at Little Rock Law Review

No abstract provided.


The Phenomenon Of Substitution And The Statute Quia Emptores, Ronald B. Brown Aug 2015

The Phenomenon Of Substitution And The Statute Quia Emptores, Ronald B. Brown

Ronald Brown

Law students generally think that American property law is a confusing mix of unconnected, inconsistent and nearly incomprehensible rules. In fact, an overview of property law reveals a recurring pattern. In numerous situations, a successor in title takes the place of his or her predecessor regarding rights and responsibilities that are related to ownership of that land. That process is called substitution because the successor is substituted for the predecessor regarding those rights and responsibilities. But sometimes substitution happens automatically and other times it happens only if that is the parties' intent. Automatic substitution seems to follow the pattern established …


2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman Aug 2015

2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman

Ronald Brown

No abstract provided.


Super - Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet Mar 2015

Super - Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet

Washington and Lee Law Review

No abstract provided.


Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet Mar 2015

Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet

Faculty Scholarship

In a time of limited resources and sluggish economic growth, competition between cities has become palpable, and the race for new investment often dictates the public agenda. To that end, the explosive growth of public-private partnerships between local governments and private investors has resulted in the creation of a myriad of special taxing districts, the purposes of which are limited only by the imagination. Of particular concern has been the growth of certain real estate development-related districts. Although first conceived to fund critical improvements where conventional credit was not available, in more recently years these special districts have been used …


Super Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet Dec 2014

Super Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet

Christopher K. Odinet

In a time of limited resources and sluggish economic growth, competition between cities has become palpable, and the race for new investment often dictates the public agenda. To that end, the explosive growth of public-private partnerships between local governments and private investors has resulted in the creation of a myriad of special taxing districts, the purposes of which are limited only by the imagination. Of particular concern has been the growth of certain real estate development-related districts. Although first conceived to fund critical improvements where conventional credit was not available, in more recently years these special districts have been used …


Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet Dec 2014

Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet

Christopher K. Odinet

In a time of limited resources and sluggish economic growth, competition between cities has become palpable, and the race for new investment often dictates the public agenda. To that end, the explosive growth of public-private partnerships between local governments and private investors has resulted in the creation of a myriad of special taxing districts, the purposes of which are limited only by the imagination. Of particular concern has been the growth of certain real estate development-related districts. Although first conceived to fund critical improvements where conventional credit was not available, in more recently years these special districts have been used …


Nevada's Foreclosure Epidemic: Homeowner Associations' Super-Priority Liens Not So "Super" For Some, Kylee Gloeckner Sep 2014

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

Nevada Law Journal

No abstract provided.


Title Examinations, When Is Action On The Security Instrument Barred, John W. Fisher Ii Sep 2011

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

West Virginia Law Review

No abstract provided.


The Phenomenon Of Substitution And The Statute Quia Emptores, Ronald B. Brown Jul 2002

The Phenomenon Of Substitution And The Statute Quia Emptores, Ronald B. Brown

Faculty Scholarship

No abstract provided.


2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman Oct 2000

2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.


Survey Of Florida Law: Real Property, Ronald B. Brown Oct 1999

Survey Of Florida Law: Real Property, Ronald B. Brown

Faculty Scholarship

No abstract provided.


Property Law: 1997 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman Oct 1997

Property Law: 1997 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.


Creditors Of A Joint Tenant: Is There A Lien After Death, John W. Fisher Ii Jun 1997

Creditors Of A Joint Tenant: Is There A Lien After Death, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


Property Law: 1996 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohma Oct 1996

Property Law: 1996 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohma

Faculty Scholarship

No abstract provided.


Conflicts Between The West Virginia Landlord's Lien And Article Nine Of The Uniform Commercial Code, Nicholas L. Divita Jan 1984

Conflicts Between The West Virginia Landlord's Lien And Article Nine Of The Uniform Commercial Code, Nicholas L. Divita

West Virginia Law Review

No abstract provided.


Title Examination In Virginia, W. Wade Berryhill Jan 1983

Title Examination In Virginia, W. Wade Berryhill

University of Richmond Law Review

The purpose of this article is to provide an understanding of the basic procedures of title examination. The emphasis is on the mechanics and practical considerations involved in a search of title. Although the focus of any legal work is "the law," this article is not meant to be a legal treatise. It is rather a practical "how to" guide. The author hopes, however, that this writing will not only acquaint the reader with the basic techniques of title examination but will also assist the title examiner in solving the related problems which arise when some of the more common …


Title Examination In Virginia, W. Wade Berryhill Jan 1983

Title Examination In Virginia, W. Wade Berryhill

Law Faculty Publications

The purpose of this article is to provide an understanding of the basic procedures of title examination. The emphasis is on the mechanics and practical considerations involved in a search of title. Although the focus of any legal work is "the law," this article is not meant to be a legal treatise. It is rather a practical "how to" guide. The author hopes, however, that this writing will not only acquaint the reader with the basic techniques of title examination but will also assist the title examiner in solving the related problems which arise when some of the more common …


Property, E. F. Roberts Jan 1979

Property, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.


Mechanics' Liens--Potential Pitfall For The Homeowner, Robert C. Lindig Jan 1973

Mechanics' Liens--Potential Pitfall For The Homeowner, Robert C. Lindig

Kentucky Law Journal

No abstract provided.


The Innkeeper's Lien In The Twentieth Century, Alvin D. Treado Oct 1971

The Innkeeper's Lien In The Twentieth Century, Alvin D. Treado

William & Mary Law Review

No abstract provided.


Bankruptcy--Stay Of Bankruptcy Proceedings Denied To Creditor Seeking Lien On Exempt Property--Harris V. Hoffman, Michigan Law Review Jan 1968

Bankruptcy--Stay Of Bankruptcy Proceedings Denied To Creditor Seeking Lien On Exempt Property--Harris V. Hoffman, Michigan Law Review

Michigan Law Review

The appellants, husband and wife, executed a promissory note to the appellee-bank. Thereafter, they purchased real property which they occupied as a homestead. Acting pursuant to an Iowa statute which subjects a homestead to debts contracted before the homestead was acquired, the bank commenced a suit on the note in state court, but this proceeding was stayed when appellants filed a voluntary petition in bankruptcy. After the trustee in bankruptcy set the homestead apart as property exempt under Iowa law, the bank sought a stay of discharge in bankruptcy for a reasonable period of time so that it could obtain …


Recent Developments In Eminent Domain In Arkansas, Robert R. Wright Jan 1965

Recent Developments In Eminent Domain In Arkansas, Robert R. Wright

Faculty Scholarship

No abstract provided.


Provisional Remedies--Claim And Delivery--Priority Of Lien Acquired Subsequent To Seizure Of Property In Claim And Delivery Action, Carl R. Clontz Jan 1960

Provisional Remedies--Claim And Delivery--Priority Of Lien Acquired Subsequent To Seizure Of Property In Claim And Delivery Action, Carl R. Clontz

Kentucky Law Journal

No abstract provided.


Judgment Lien--Doctrine Of Relation Back--Notice Of Suit As Notice Of Lien, L. L. P. Dec 1957

Judgment Lien--Doctrine Of Relation Back--Notice Of Suit As Notice Of Lien, L. L. P.

West Virginia Law Review

No abstract provided.