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Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:

Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment

Under California law, “bona fide purchasers” who buy property with no notice (actual, constructive, or otherwise) of a competing claim to the property are generally protected. The law’s favorable treatment of bona fide...more

CFPB Hit by Major Setback in D.C. Circuit

by Morrison & Foerster LLP on

In a decision eagerly awaited by the financial services industry, the D.C. Circuit this week handed the Consumer Financial Protection Bureau (CFPB) a major defeat, throwing out a mortgage lender’s $109 million disgorgement...more

D.C. Circuit Rules CFPB’s Structure Unconstitutional

by King & Spalding on

In a news-making decision with significant political implications, but probably limited near-term business or legal effects, the United States Court of Appeals for the District of Columbia Circuit held on Tuesday, October 11,...more

Consumer Financial Services Law - October 2016

Court to CFPB: Unconstitutional and Wrong on RESPA - The U.S. Court of Appeals for the D.C. Circuit has declared unconstitutional a core component of the structure of the Consumer Financial Protection Bureau (CFPB) and...more

Supreme Court Reinforces Strict Rule On Citizenship of Unincorporated Entities for Diversity Jurisdiction to the Detriment of...

Article III of the U.S. Constitution extends the jurisdiction of federal courts to “[c]ontroversies … between Citizens of different States.” U.S. Const. art. III, § 2, cl. 1. “This rule is easy enough to apply to humans, but...more

State Statutes Requiring MERS To Pay Higher Recording Fees Declared Constitutional

by Murtha Cullina on

On February 23, 2016, in the case of MERSCORP Holdings, Inc. et al. v. Dannel P. Malloy et al., the Connecticut Supreme Court upheld the constitutionality of certain state statutes which impose higher fees for mortgage...more

Florida's Credit Card Surcharge Prohibition Found Unconstitutional

Landlords, real estate owners and retail owners have experienced cuts into their bottom line as a result of having to absorb the costs of consumers using credit cards. Such landlords and business owners typically have to pay...more

Nevada Amends Law Regarding Deficiency Judgment Calculation

by Ballard Spahr LLP on

By amending a statute that limits deficiency judgment amounts in certain cases, Nevada lawmakers have attempted to restore balance as the law applies to commercial properties. The amendments follow a recent wave of litigation...more

New York’s Highest Court Clarifies Judicial Foreclosure Standing Requirements

by Goodwin on

The New York Court of Appeals has clarified the requirements for showing standing to pursue judicial foreclosures in New York state courts after borrowers default on payment obligations, in a ruling that could resolve...more

Real Property, Financial Services & Title Insurance Update: Week Ending April 17 & 24, 2015

by Carlton Fields on

Statute of Limitations/Liens: one year statute of limitations to enforce equitable lien under Fla. Stat. sec. 95.11(5)(b) runs from last furnishing of labor, services, or material for improvement of real property; Fla. Stat....more

How Does Contamination Impact “Fair Market Value”?

by Nossaman LLP on

As California continues to expand and improve its infrastructure, public agencies are more frequently running into contaminated property. A frequent question for eminent domain attorneys is: “how does contamination impact...more

Property Valuation Topics: Winter 2015

by Pullman & Comley, LLC on

Thorny Exemption Issue Discussed - Limited Liability Company X owns property in the Town of Windham which it leases to Corporation Y. Both entities are tax exempt under the Internal Revenue Code. Both entities...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 16 & 23,2015

by Carlton Fields on

REAL PROPERTY UPDATE - Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more

What Do You Do When The Bank Wants Your Condemnation Award?

by Nossaman LLP on

Property owners typically have a lot on their minds when they find out that the government is going to be taking their property. For residential owners, they need to worry about where they are going to live with their...more

Mortgagee Lacks Standing to Appeal

by Cozen O'Connor on

A panel of a Commonwealth Court held that a mortgagee is not an aggrieved party for purposes of standing to take an appeal of the assessment of real property. Mountain Manor Development Company LP v. Monroe County Board of...more

Contamination, Underwater Mortgages, and the IRWA Annual Education Conference

by Nossaman LLP on

Along with my colleagues Brad Kuhn, Ben Rubin, and Katherine Contreras, I'm here in Hartford at the IRWA Annual Education Conference. It's been an interesting few days as we discuss eminent domain issues in the shadow of New...more

Real Property, Financial Services & Title Insurance Case Law Updates

by Carlton Fields on

I. FLORIDA STATE CASES - Quiet Title: deed reservation of right-of-way in favor of State, which applied only to tracts of land of 10 acres or more, did not attach to title of landowner of less than 10 acres and,...more

Lender Involved Condemnation Part 2: Lender Concerns in Condemnation

by Baker Donelson on

This is the second installment in a series of articles related to lender-involved condemnations. The first installment provided a basic discussion of eminent domain and condemnation principles....more

Banks are Entitled to Recover Compensation in Condemnation Actions

by Lane Powell PC on

Eminent domain or condemnation is the process by which the government is permitted to acquire a citizen’s private property for public use, after paying just compensation. Typically, property is acquired by the government...more

Voting on 11 Amendments to Florida's Constitution: Analysis Available, Future Property Tax Revenues Will Be Impacted

by Rosa Eckstein Schechter on

Florida has 11 proposed amendments to its state constitution, some of which will impact Florida's real estate industry directly while others may have more of an indirect impact on real estate development and investment here. ...more

Property Valuation Topics - Summer 2012

by Pullman & Comley, LLC on

In This Summer 2012 Issue: - Governor Vetoes Revaluation Postponements - Greenwich Appoints New Assessor - In Valuation, Sometimes The Devil is in the Details - National Developments Matched to Local Market -...more

Welcome Stranger!

Generally the sale or exchange of real estate will not affect the status of the assessment on the property. This basic rule is founded upon the statutory and constitutional theory that it is inequitable and unfair to change...more

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