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2014

Series

Property Law and Real Estate

Institution
Keyword
Publication

Articles 1 - 30 of 85

Full-Text Articles in Law

Summary Of First Financial Bank V. Lane, 130 Nev. Adv. Op. 96, Joseph Meissner Dec 2014

Summary Of First Financial Bank V. Lane, 130 Nev. Adv. Op. 96, Joseph Meissner

Nevada Supreme Court Summaries

The Court determined whether the definition of “indebtedness,” found in NRS 40.451, in conjunction with NRS 40.459, limits the amount a successor lienholder can recover in a deficiency judgment.


Homebuyers' Frivolous Claims Against Seller's Listing Agent Warranted Terminating And Monetary Sanctions, Roger Bernhardt Dec 2014

Homebuyers' Frivolous Claims Against Seller's Listing Agent Warranted Terminating And Monetary Sanctions, Roger Bernhardt

Publications

No abstract provided.


Bankruptcy Court Properly Invalidated Transfer Of Mexican Coastal Villa Owned By Debtors, Roger Bernhardt Dec 2014

Bankruptcy Court Properly Invalidated Transfer Of Mexican Coastal Villa Owned By Debtors, Roger Bernhardt

Publications

No abstract provided.


Contingent Purchase Price, Contingent Liabilities And Indemnities In Taxable Acquisitions (Slides), William M. Richardson, Robert H. Wellen Nov 2014

Contingent Purchase Price, Contingent Liabilities And Indemnities In Taxable Acquisitions (Slides), William M. Richardson, Robert H. Wellen

William & Mary Annual Tax Conference

No abstract provided.


Borrower's Wrongful Foreclosure Claims Based On An Alleged Failed Attempt To Securitize The Loan, Roger Bernhardt Nov 2014

Borrower's Wrongful Foreclosure Claims Based On An Alleged Failed Attempt To Securitize The Loan, Roger Bernhardt

Publications

No abstract provided.


What Do Those Who Disagree With A Development Agreement Do?, Roger Bernhardt Nov 2014

What Do Those Who Disagree With A Development Agreement Do?, Roger Bernhardt

Publications

No abstract provided.


Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine Mims Crocker Oct 2014

Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine Mims Crocker

Faculty Publications

No abstract provided.


The Importance Of Conversation In Transitional Justice: A Study Of Land Restitution In South Africa, Bernadette Atuahene Oct 2014

The Importance Of Conversation In Transitional Justice: A Study Of Land Restitution In South Africa, Bernadette Atuahene

All Faculty Scholarship

One of the most replicated findings of the procedural justice literature is that people who receive unfavorable outcomes are more likely to believe that the process was nonetheless legitimate if they thought that it was fair. Using interviews of 150 people compensated through the South African land restitution program, this article examines whether these findings apply in the transitional justice context where it is often unclear who the winners and losers are. The question explored is: When all outcomes are unfavorable or incomplete, how do people make fairness assessments? The central observation was that the ability of respondents and land ...


Who Should Be Providing Mortgage Credit To American Households?, David J. Reiss Oct 2014

Who Should Be Providing Mortgage Credit To American Households?, David J. Reiss

Faculty Scholarship

No abstract provided.


Alms To The Rich: The Facade Easement Deduction, Wendy G. Gerzog Oct 2014

Alms To The Rich: The Facade Easement Deduction, Wendy G. Gerzog

All Faculty Scholarship

This article presents the case for repeal of the façade easement deduction. Proponents of this benefit argue that the deduction encourages historic preservation by reimbursing property owners for relinquishing their right to alter the façade of their property in a way inconsistent with that conservation goal; however, this article shows that there are many reasons to urge its repeal: the revenue loss, the small number of beneficiaries, the financial demographics of that group of beneficiaries; the dubious industries that are supported by the deduction; and the continual marked overvaluation and abuse despite Congressional, court, and administrative review and expense.

After ...


Summary Of Sfr Investments Pool 1, Llc V. U.S. Bank, 120 Nev. Adv. Op. 75, Amber Lilienthal Sep 2014

Summary Of Sfr Investments Pool 1, Llc V. U.S. Bank, 120 Nev. Adv. Op. 75, Amber Lilienthal

Nevada Supreme Court Summaries

The Court determined that (1) an HOA receives a true superpriority lien on a homeowner’s property under NRS 116.3116 making an HOA lien, with limited exceptions, “prior to all other liens and encumbrances” on the property, including first deeds of trust recorded before the dues became delinquent; and (2) an HOA lien can be foreclosed on nonjudicially.


Why We Need A Comprehensive Recording Fraud Registry, Randall K. Johnson Sep 2014

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.


Foreclosing While The Property Is Burning, Roger Bernhardt Sep 2014

Foreclosing While The Property Is Burning, Roger Bernhardt

Publications

No abstract provided.


Progressive Property Moving Forward, Timothy M. Mulvaney Sep 2014

Progressive Property Moving Forward, Timothy M. Mulvaney

Faculty Scholarship

In his thought-provoking recent article, “The Ambition and Transformative Potential of Progressive Property,” Ezra Rosser contends that, in the course of laying the foundations of a theory grounded in property’s social nature, scholars who participated in the renowned 2009 Cornell symposium on progressive property have “glossed over” property law’s continuing conquest of American Indian lands and the inheritance of privileges that stem from property-based discrimination against African Americans. I fully share Rosser’s concerns regarding past and continuing racialized acquisition and distribution, if not always his characterization of the select progressive works he critiques. Where I focus in ...


Abuse Of Property Right Without Political Foundations: A Response To Katz, Mitchell N. Berman Aug 2014

Abuse Of Property Right Without Political Foundations: A Response To Katz, Mitchell N. Berman

Faculty Scholarship at Penn Law

In an article recently published in the Yale Law Journal, Larissa Katz defends a heterodox principle of abuse of property right pursuant to which an owner abuses her rights with respect to a thing she owns if she makes an otherwise permitted decision about how to use that thing just in order to harm others, either out of spite, or for leverage. Katz grounds that principle in a novel theory of the political foundations of the institution of property ownership. This essay argues that Katz’s political theory is implausible, but that this should not doom her preferred principle of ...


Summary Of Simmons Self-Storage V. Rib Roof, Inc., 130 Nev. Adv. Op. 57, Kelsey Bernstein Aug 2014

Summary Of Simmons Self-Storage V. Rib Roof, Inc., 130 Nev. Adv. Op. 57, Kelsey Bernstein

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether a mechanic or materialman must prove either that the materials were only delivered for use or whether the materials were actually used for the property in order to establish a lien on the property; (2) whether a property subject to a lien may still be sold where a surety bond has been posted, or whether the lien judgment should be satisfied from the surety bond.


Summary Of In Re Irrevocable Trust Agreement Of 1979, 130 Nev. Adv. Op. 63, Michael Paretti Aug 2014

Summary Of In Re Irrevocable Trust Agreement Of 1979, 130 Nev. Adv. Op. 63, Michael Paretti

Nevada Supreme Court Summaries

The Court determined whether unilateral mistakes, if proven, will allow a donor to rescind or reform an errant gift.


A Principled And Structured Approach For Ascertaining Beneficial Interests In Property Disputes: Chan Yuen Lan V See Fong Mun [2014] Sgca 36, Alvin W. L. See Aug 2014

A Principled And Structured Approach For Ascertaining Beneficial Interests In Property Disputes: Chan Yuen Lan V See Fong Mun [2014] Sgca 36, Alvin W. L. See

Research Collection Yong Pung How School Of Law

In Chan Yuen Lan v See Fong Mun [2014] SGCA 36, the Court of Appeal provided important clarifications about the relationship between a resulting trust and a common intention constructive trust for the purpose of ascertaining beneficial interests in cases of property dispute. This issue, which has attracted much speculations, was left open in Lau Siew Kim v Yeo Guan Chye Terence [2007] SGCA 54 where the same court merely confirmed the continued relevance of the twin presumptions of resulting trust and advancement.


A Layperson's Guide To Fair Housing Law (2014), F. Willis Caruso, Michael P. Seng, Allison Bethel, John Marshall Law School Fair Housing Legal Support Center Jul 2014

A Layperson's Guide To Fair Housing Law (2014), F. Willis Caruso, Michael P. Seng, Allison Bethel, John Marshall Law School Fair Housing Legal Support Center

Center and Clinic White Papers

Housing discrimination can take many forms. Laws have been passed at the federal, state, and local levels to prohibit housing discrimination, and attorneys and many fair housing groups are working to eradicate the problem. But the solution to the fair housing problem will not come solely through the work of attorneys and fair housing agencies and organizations; it will also have to come from an educated public that is unwilling to tolerate the cost of housing discrimination. Housing discrimination affects every individual in the United States. Realtors and brokers, bankers and mortgage lenders, insurance companies and developers, real estate buyers ...


Acosta: Mortgagor Removal Of Fixtures, Roger Bernhardt Jul 2014

Acosta: Mortgagor Removal Of Fixtures, Roger Bernhardt

Publications

Husband and Wife bought a home, then sought refinancing to borrow $700,000. Based on the appraisal of the home,which showed exceptional upgrades, Lender specified in the deed of trust that “fixtures now or hereafter a part of the property” were secured collateral. After the couple defaulted, Lender scheduled the home for a foreclosure sale on June 14, 2010, but told the Husband and Wife they could stay in the home until the end of the month. Wife e-mailed Lender on June 9, 2010, demanding $10,000 in exchange for the keys to the house and threatening that the ...


Private Clean-Up Causes Of Action And Federal Preemption, Roger Bernhardt Jul 2014

Private Clean-Up Causes Of Action And Federal Preemption, Roger Bernhardt

Publications

The biggest problem that California practitioners will have with the new decision by the United States Supreme Court in CTS Corp. v Waldburger (2014) ___ US ___, 134 S Ct 2175 (reported on p 94), is that it comes out of North Carolina. It gives no California reference for its holding that §309 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USC §9258) preempts state statutes of limitations that apply to common law actions by private individuals for toxic torts and replaces their normal triggering event (the date the cause of action accrues) with a “federally required ...


We Want What's Ours: Learning From South Africa's Land Restitution Program (Oxford University Press), Bernadette Atuahene Jul 2014

We Want What's Ours: Learning From South Africa's Land Restitution Program (Oxford University Press), Bernadette Atuahene

All Faculty Scholarship

http://wewantwhatsours.com

Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world, but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses ...


Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell Jul 2014

Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell

Faculty Scholarship

Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real ...


Summary Of Schleining V. Cap One, Inc., 130 Nev. Adv. Op. 36, Laura Guidry May 2014

Summary Of Schleining V. Cap One, Inc., 130 Nev. Adv. Op. 36, Laura Guidry

Nevada Supreme Court Summaries

The Court determined two issues: 1) whether NRS 40.453 invalidates a guarantor’s contractual waiver of the statutory right to be mailed a notice of default and 2) whether NRS 107.095 requires strict or substantial compliance by lenders giving notice of default, and if substantial compliance is sufficient, whether there was substantial compliance in this case.


Fiduciary & Nonfiduciary Duties Of Dual Agents, Roger Bernhardt May 2014

Fiduciary & Nonfiduciary Duties Of Dual Agents, Roger Bernhardt

Publications

No abstract provided.


Intergenerational Communities, Gregory S. Alexander May 2014

Intergenerational Communities, Gregory S. Alexander

Cornell Law Faculty Publications

Under the human flourishing theory of property, owners have obligations, positive as well as negative, that they owe to members of the various communities to which they belong. But are the members of those communities limited to living persons, or do they include non-living persons as well, i.e., future persons and the dead? This Article argues that owners owe two sorts of obligation to non-living members of our generational communities, one general, the other specific. The general obligation is to provide future generations with the basic material background conditions that are necessary for them to be able to carry ...


Assessing Compensation For Landholders Affected By Coal Seam Gas Occupation, Michael Fibbens, Michael Y. Mak, Anthony Williams Apr 2014

Assessing Compensation For Landholders Affected By Coal Seam Gas Occupation, Michael Fibbens, Michael Y. Mak, Anthony Williams

Administration and Research Papers and Journal Articles

Valuation theory in Australia has long established principles relating to compensation for the acquisition of part of property. However, the theory relating to assessing compensation for coal seam gas (CSG) occupation is relatively undeveloped and CSG activity in New South Wales (NSW) takes place in an environment where some confusion surrounds the subject of the assessment of landholder compensation.

This paper applies a comparative study of the compensation assessment practices of courts in NSW, Queensland and Alberta. The research, reported in this paper, documents a trail of judicial decisions supporting the use of “piecemeal” and “before and after” approaches where ...


Foothill Communities V Orange County: Justifying Spot Zoning, Roger Bernhardt Apr 2014

Foothill Communities V Orange County: Justifying Spot Zoning, Roger Bernhardt

Publications

No abstract provided.


Property And Democratic Deliberation: The Numerus Clausus Principle And Democratic Experimentalism In Property Law, Anna Di Robilant Apr 2014

Property And Democratic Deliberation: The Numerus Clausus Principle And Democratic Experimentalism In Property Law, Anna Di Robilant

Faculty Scholarship

First-year law students soon become familiar with the numerus clausus principle in property law. The principle holds that there is a limited menu of available standard property forms (the estates, the different types of common or joint ownership, the different types of servitudes) and that new forms are hardly ever introduced. Over the last fifty years, however, property law has changed dramatically. A wealth of new property forms has been added to the list. This dynamism in the list has remained largely unexplored and is the subject of this Article. This Article focuses on a selection of recently created property ...


Complex Decision-Making And Cognitive Aging Call For Enhanced Protection Of Seniors Contemplating Reverse Mortgages, 46 Ariz. St. L.J. 299 (2014), Debra Pogrund Stark, Jessica M. Choplin, Joseph Mikels, Amber Schonbrun Mcdonnell Mar 2014

Complex Decision-Making And Cognitive Aging Call For Enhanced Protection Of Seniors Contemplating Reverse Mortgages, 46 Ariz. St. L.J. 299 (2014), Debra Pogrund Stark, Jessica M. Choplin, Joseph Mikels, Amber Schonbrun Mcdonnell

UIC Law Open Access Faculty Scholarship

This article analyzes the factors that affect the effectiveness of the current rules and counseling protocol in enabling seniors to make well-informed decisions on whether to enter into a proposed reverse mortgage in light of the cognitive barriers that consumers in general, and seniors in particular, face. The article then proposes further changes to these rules and the counseling protocol to better enable seniors to determine whether entering into reverse mortgages is in their best interest in light of their specific financial situations and goals. Section I provides an overview of the current status of the law relating to reverse ...