News & Analysis as of

Appeals Real Estate Transfers

Kaufman & Canoles

Court of Appeals of Virginia Holds Plaintiff Who Did Not Seek Reimbursement in its Partition Complaint

Kaufman & Canoles on

On Tuesday, in Lehmann v. WFV Holdings, LLC, Record No. 0201-23-2 (Ct. App. Va. May 14, 2024), available here, the Court of Appeals of Virginia reversed a decision from the Circuit Court of Amelia County, holding that because...more

Patton Sullivan Brodehl LLP

Sometimes Real Property Rights Can be Adjudicated in a Criminal Case Where the Property Owner is Not Even a Party

Owners of real property generally understand that their property rights can be impacted by litigation in which they are a party. However, what’s less clear, but perhaps equally important to understand and guard against, is...more

Winstead PC

Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets

Winstead PC on

In In re Estate of Stewart, siblings filed claims regarding the administration of their father’s estate. No. 04-20-00103-CV, 2021 Tex. App. LEXIS 3897 (Tex. App.—San Antonio May 19, 2021, no pet. history)....more

Winstead PC

Court Holds That A Trustee Had The Power To Sell Trust Property To An Affiliate, Though Such An Act May Be In Breach Of A Duty

Winstead PC on

In Pense v. Bennett, the ward in a guardianship proceeding sued to invalidate the sale of real property from a trust created for his benefit to an affiliate of the trustee. No. 06-20-00030-CV, 2020 Tex. App. LEXIS 8002 (Tex....more

BCLP

Court of Appeal confirms that “warehousing” is not always an abuse of process

BCLP on

On 24 January 2020, the Court of Appeal delivered its judgment in Aljawharah Bint Ibrahim Abdulaziz Alibrahim v Asturion Fondation ([2020] EWCA Civ 32) in relation to the question of whether “warehousing” constitutes an abuse...more

Winstead PC

Court Holds That A Husband Had No Interest In His Deceased’s Wife’s Real Estate That Was Obtained Via A Gift Deed

Winstead PC on

In Leland House v. Webb, a husband sued his deceased wife’s executor to quiet title in real estate that she obtained from her aunt. No. 06-19-00054-CV, 2019 Tex. App. LEXIS 10012 (Tex. App.—Texarkana November 19, 2019, no...more

Buckingham, Doolittle & Burroughs, LLC

Paving the Way to Tax Refunds | Firm Wins Big for Ohio Heavy Highway Contractors

Buckingham Tax Attorneys Steve Dimengo and Rich Fry recently obtained a favorable ruling from the 9th District Court of Appeals for their client in Karvo Paving Co. v. Testa, 2019-Ohio-3974. This victory enables highway and...more

Barnea Jaffa Lande & Co.

Dramatic Decision on the Taxation of Trusts in Israel

The Tel Aviv District Court handed down a decision a few days ago rejecting the Israel Tax Authority’s (ITA) position on the conveyance of real estate properties to trusts. This decision dramatically changes the taxation of...more

Tucker Arensberg, P.C.

Sellers and Specific Performance: A Remedy in Equity or Damages Flowing From a Breach?

Tucker Arensberg, P.C. on

If a Buyer breaches an Agreement of Sale and refuses to buy the property, can the Seller seek specific performance as a remedy? A 2019 Superior Court decision concluded yes....more

Flaster Greenberg PC

Medicaid Caregiver Child Exemption Success Story in New Jersey: Home Saved & Nursing Home Paid

Flaster Greenberg PC on

Flaster Greenberg’s seasoned elder law attorney, Jane M. Fearn-Zimmer, obtained a landmark Medicaid Final Agency Decision for her elderly, ailing client and her family after a three-year long dispute with the New Jersey...more

Winstead PC

Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In Will Giving Him That Authority

Winstead PC on

In Graff v. 2920 Park Grove Venture, Ltd., an executor was sued after selling estate real estate because the executor allegedly sold the property for less than fair market value. No. 05-16-01411-CV, 2018 Tex. App. LEXIS 4266...more

Clark Hill PLC

When Is Summary Judgment Evidence “On File”?

Clark Hill PLC on

In Lance v. Robinson, No. 16-0323, 2018 Tex. LEXIS 246 (Mar. 23, 2018), the Texas Supreme Court confirmed that when deciding a summary judgment motion, a court may consider evidence not attached to the motion as long as the...more

Winstead PC

Texas Supreme Court Holds That Testator Devised Property As A Life Estate

Winstead PC on

In Knopf v. Gray, the will disposed of the testator’s entire estate, specifically including a tract of land. No. 17-0262, 2018 Tex. LEXIS 249 (Tex. March 23, 2018)....more

BCLP

Beware The Constructive Trust When Relying On ‘Informal’ Estate Distributions

BCLP on

We like when families can work out their estate disputes outside of the courtroom. Georgia, for one, embraces the “family settlement doctrine,” where heirs at law can agree to distribute or divide property devised under a...more

Womble Bond Dickinson

N.C. Court of Appeals: Absent Notice to the Federal Government, Foreclosure for Unpaid Local Taxes Won't Extinguish Federal Tax...

Womble Bond Dickinson on

North Carolina is a "pure race" state, for real estate title purposes. That is, “first to record an interest in land holds an interest superior to all other purchases for value, regardless of actual or constructive notice as...more

Cozen O'Connor

Net Operating Loss Cap is Unconstitutional

Cozen O'Connor on

In RB Alden Corp. v. Commonwealth, No. 73 F.R. 2011 (Pa. Commw. June 15, 2016), the court addressed the taxpayer’s liability for 2006 Corporate Net Income (CNI) Tax on gain from the sale of part of its interest in a...more

Buchalter

Warning: Warranties Can Survive Close of Escrow Even When You Think They Won’t

Buchalter on

As the seller of real property, you might have heard: “Don’t worry, that warranty won’t survive the closing.” Or, you may have assumed that because the purchase agreement stated that certain representations and warranties did...more

Hinshaw & Culbertson LLP

Realty Repurchase Agreement Provided A Basis For The Recovery Of Fees

In Mountain Air Enterprises LLC v. Sundowner Towers LLC, 2014 DJDAR 15552, the California Court of Appeal for the First Appellate District decided a complex contractual dispute. The litigation involved several different...more

Troutman Pepper

Transferee Liability: The Lottery Ticket/Uranium Contract Rule

Troutman Pepper on

Mano-Y&M Ltd. v. Field (In re Mortgage Store, Inc.), 773 F.3d 990 (9th Cir. 2014) – A chapter 7 trustee sought to avoid a transfer by the debtor as a fraudulent conveyance and then to recover funds disbursed by the...more

Obermayer Rebmann Maxwell & Hippel LLP

Failure to Object to Court Procedure Waives Issue on Appeal

In the area of family law, there are many different types of proceedings that occur. However, when one of the proceedings is a record hearing, if an objection is not made to a particular issue, it is waived on appeal....more

Nossaman LLP

Is the Attorney's Fees Clause Moot in an Illegal Contract? – Depends On Your Involvement, Explains First Appellate District Court

Nossaman LLP on

The Court of Appeal recently clarified when a party can recover attorney's fees under a real estate purchase contract that is ruled to be illegal. California courts have previously enforced attorney's fees provisions in a...more

Snell & Wilmer

Transfer of Property Title to a Holding Company Did Not Divest Landowner of Owner-Occupant Status Under A.R.S. § 33-1002(B)

Snell & Wilmer on

Recently, in Marco Crane & Rigging Co. v. Masaryk, 703 Ariz. Adv. Rep. 29 (Dec. 30, 2014), the Arizona Court of Appeals established that a subcontractor on a residential project has no lien rights against an owner-occupant,...more

Pillsbury Winthrop Shaw Pittman LLP

Court of Appeal Holds Transfer Tax Applies to Legal Entity Changes in Ownership

In 926 North Ardmore Avenue, LLC v. County of Los Angeles, the 2nd District Court of Appeal held that Proposition 13 changes in ownership prompted by transfers of legal entity interests should also be characterized as “realty...more

Sheppard Mullin Richter & Hampton LLP

“Change in Ownership” Can Trigger Documentary Transfer Tax

926 North Ardmore Avenue, LLC v. County of Los Angeles, (9/22/14, B248536) - The California Court of Appeals has recently held that, as a general rule, the Documentary Transfer Tax (“DTT”) applies whenever there is a...more

Ballard Spahr LLP

Merger Doctrine Does Not Prevent Deed of Trust Beneficiary From Extinguishing Junior Lien through Foreclosure, California Court...

Ballard Spahr LLP on

The California Court of Appeal recently held that a foreclosure by the beneficiary under a first deed of trust extinguished a junior lien, even though the beneficiary acquired the property by way of a deed in lieu of...more

26 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide