Constitutional Law Residential Real Estate Alternative Dispute Resolution (ADR)

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St. Louis County Ordinance Requiring Pre-Foreclosure Mediation Unconstitutional, Missouri Supreme Court Holds

The Missouri Supreme Court recently ruled that a St. Louis County ordinance requiring lenders to mediate with borrowers prior to foreclosure was void ab initio because it was not directed to a matter of purely municipal...more

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 9 & 16, 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Slander of Title: slander of title counterclaim barred by statute of limitations could not be brought as recoupment claim to avoid limitations because it...more

Are Residential Real Estate Contracts Outside The Bounds of Interstate Commerce?

The Supreme Court of South Carolina just ruled that contracts for the sale of residential property are not interstate commerce, and therefore are outside the reach of the Federal Arbitration Act. Bradley v. Brentwood Homes,...more

Homeowner Associations And Members Not Necessarily Bound By Arbitration Provisions In CC&RS Or In Related Purchase Agreement Where...

Homeowners and homeowner associations are not necessarily bound by arbitration provisions in a declaration of covenants, conditions and restrictions, or in a related purchase agreement, where the developer is the initial and...more

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