Two recent cases have highlighted circumstances in which damages for breach of contract may include loss caused by a fall in market values....more
In New Millennium Homes, Inc. v. Texas Community Bank, NA, a debtor appealed a summary judgment granted to a lender based on a deficiency claim. No. 09-12-00073-CV, 2013 Tex. App. LEXIS 1598 (Tex. App.—Beaumont February 21,...more
Following a foreclosure sale, a secured creditor may seek a monetary judgment for the deficiency amount that remains owed to it by the borrower. If the creditor was the successful bidder at the foreclosure sale, it has the...more
In This Issue:
- Utah Department of Transportation v. FPA West Point, et al., 2012 UT 79 (Utah Nov. 20, 2012)
- Utah Department of Transportation v. Admiral Beverage Corporation, et al., 275 P.3d 208 (Utah...more
Dans certaines municipalités, un nouveau rôle triennal pour les années 2013, 2014 et 2015 est entré en vigueur le 1er janvier 2013. Vous avez reçu un avis d’évaluation établissant la nouvelle valeur de votre immeuble. Si vous...more
During a deficiency proceeding, once a creditor introduces the foreclosure sale price, the borrower technically has the burden of presenting evidence to establish the fair market value of the property. In the absence of such...more
A recent change may affect the parties to certain real estate transactions with respect to property located in Philadelphia County, Pennsylvania, that took place on or after July 1, 2012....more
The Texas Supreme Court has recently held that while the property owner rule establishes that an owner is qualified to testify as to market value, the testimony must meet the same requirements as any other opinion evidence....more
Project Overview -
The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego. The...more
Originally published in the Daily Journal on December 21, 2012.
On Sept. 23 Gov. Jerry Brown signed Assembly Bill 1680 into law. AB 1680 amends California's dissenters' rights statute by (i) eliminating dissenters rights...more
There’s no upside to having your property confiscated by the police, but you should at least be able to trust them to keep track of your belongings. And thanks to a recent decision from the 8th U.S. Circuit Court of Appeals,...more
As stated in Doug Waldorf’s post below, the concept of property valuation in regards to a deficiency judgment is well established within the Eleventh Circuit. The fair market value of the property is established at the...more
On December 10, the Securities and Exchange Commission announced charges against eight former member of the boards of directors overseeing five mutual funds for violating their asset pricing responsibilities under the federal...more
There's little judicial attention paid to folks who have their stuff taken by the police executing a search warrant - and who want it back later.
Thankfully, just in time for Christmas, the Eighth Circuit breaks out with...more
I. NON-CHARITABLE TRANSFERS DURING LIFE
Art is particularly well-suited for charitable transfers if the circumstances fit, but not all collectors or artists want to leave their art to a charitable organization. In...more
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