On January 20, 2026, the Court of Appeals of Virginia affirmed an order quieting title and declaring an LLC’s deed of trust void. Although the lender was presented with false underwriting documents, the court held it could...more
The Supreme Court of Ohio recently ruled in NC Ents., L.L.C. v. Norfolk & W. Ry. Co., Slip Opinion No. 2026-Ohio-1429 (the “NC-Norfolk Case”) that Appellee’s lawn maintenance on Appellant’s parcels was not sufficiently open...more
U.S. Eleventh Circuit Court of Appeals - Kahlo v. Pinedo - personal jurisdiction, trademark, corporate shield - Joyce v. Forest River - Fla Lemon Law, arbitration, review - USA v. Martinez - Maritime Drug Law...more
U.S. Eleventh Circuit Court of Appeals - Dish Network v. Fraifer - copyright infringement - Hayes v. OWCP - Black Lung Benefits Act, “year” - Faulk v. Dimerco Exp - § 1983, racial discrimination, improper arguments,...more
We’ve previously reported on the “Rails to Trails” process by which old railroad corridors are being abandoned and converted into other uses, such as hiking, biking or other trail purposes, and the potential ability of...more
Can the Timeframe to Establish Adverse Possession Begin by Mowing Your Neighbor’s Lawn? That is the question that was presented to the Supreme Court of Ohio in NC Enterprises, LLC, v Norfolk and Western Railway Company,...more
A California Court of Appeal recently held that a plaintiff seeking to establish a prescriptive easement need only meet the preponderance of the evidence standard, not the also-used clear and convincing standard. In...more
The Alabama Supreme Court issued its weekly release list on Friday, March 6th, which included the following orders and opinions of interest to the Alabama business community...more
On February 25, the Court of Appeals of Virginia issued an unpublished opinion affirming an order entered by the Circuit Court of Amelia County concerning adverse possession and ownership of an 8.26-acre parcel of land...more
Yesterday, in Loan Funder LLC, Series 715 v. Farm Life, LLC, Record No. 0784-24-4 (Ct. App. Va. Jan. 20, 2026), the Court of Appeals of Virginia issued a significant decision affirming an order entered by the Circuit Court of...more
Last Week in our BLOG article: “It’s Unanimous – The Fourth Department Joins the Other Departments and Confirms the Retroactive Application of FAPA,” we again discussed FAPA and noted that on November 25, 2025, the New York...more
In two long-awaited rulings yesterday, Article 13 LLC v. Ponce De Leon Fed. Bank and Van Dyke v. U.S. Bank, Nat’l Ass’n, the New York Court of Appeals addressed the constitutionality of the retroactive application of certain...more
Lula Eades once owned minerals in Loving County, Texas. In 2000, in a single lawsuit the Wink-Loving ISD and Loving County foreclosed on the mineral and royalty interests of more than 80 owners, including Lula. In Ridgefield...more
On October 9, the Washington Supreme Court reversed a lower court’s decision and remanded a case with an extensive procedural history over a mortgage servicer’s attempts to foreclose on a deed of trust after the respondent...more
On October 9, 2025, the Washington Supreme Court held that tribal sovereign immunity cannot be abrogated through in rem jurisdiction over tribally owned non-reservation lands to vest the court with subject matter jurisdiction...more
U.S. Eleventh Circuit Court of Appeals - Ivory v. USA - postconviction relief - Gould v. Interface - employment, agreement, preservation of error - Devengoechea v. Bolivian Repub - Foreign Sovereign Immunities Act,...more
In Andersen v. Bank of N.Y. Mellon f/k/a The Bank of New York, as Trustee for the Certificate Holders of the CWABS Inc. Asset Backed Certificates, Series 2007-1, the Supreme Court of New York, Richmond County held that the...more
On May 20, 2025, the New York Court of Appeals agreed to hear constitutional challenges to one aspect of New York’s Foreclosure Abuse Prevention Act (FAPA). ...more
Co-Author Jesse Long The United States District Court for the Western District of Wisconsin (“Court”) addressed in an August 22nd Opinion a riparian rights issue. See Clott et al., v. U.S. Fish and Wildlife Service, 2024 WL...more
Obtaining a return on a tax lien investment can have a long time horizon in Georgia. After purchasing a tax lien, an investor must wait at least a year before foreclosing the right of redemption of the tax debtor, taking...more
Yesterday, the Court of Appeals of Virginia issued an important decision regarding two often troubling elements under Virginia law regarding proving a claim of adverse possession....more
Here is what we cover in this issue of Title Insurance Update Winter 2024: •The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Florida, has ruled...more
Fletcher v. Merritt resulted in several rulings on the proof required to prevail in a property dispute. Merritt filed a trespass to try title suit (actually a quiet title, which the court construed as TTT) against Fletcher...more
In May 2021, Money and Dirt covered a case published by California’s Second Appellate District — Tsasu LLC v. U.S. Bank Trust, N.A. — holding that under Code of Civil Procedure section 764.060 (part of California’s Quiet...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling...more