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Restrictive Covenants › Foreclosure

Patton Sullivan Brodehl LLP

Court Clarifies Value of “Performance Deed of Trust” in Foreclosure

Patton Sullivan Brodehl LLP on

The California Court of Appeal recently clarified how courts should value a Performance Deed of Trust (PDOT) in foreclosure, and affirmed that the performance obligations included in the deed of trust survive beyond...more

McGlinchey Stafford

Is the Tide Shifting on Hunstein?- The Bullet Point: A Commercial Law Bulletin

McGlinchey Stafford on

Ohio- Restrictive Covenants- New California Woods Homeowners Assn. v. Jakse, 3d Dist. Union No. 14-21-04, 2021-Ohio-3783 In this appeal, the Third Appellate District affirmed the trial court’s decision, agreeing that...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending May 3, 2019

Carlton Fields on

Real Property Update - Restrictive Covenants: trial court erred by failing to provide injunctive relief in favor of homeowner as it related to trees planted in common area in violation of restrictive covenants - McIntosh...more

Ward and Smith, P.A.

The Land and Everything that Goes with it: How Community Association Restrictions "Run with the Land"

Ward and Smith, P.A. on

It may be hard to believe, but community associations ("Associations") occasionally deal with homeowners who don't think they are required to pay assessments. The reasoning for these beliefs can range from "I don't use the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending June 15 & 22, 2018

Carlton Fields on

REAL PROPERTY UPDATE - - Equitable Lien/Foreclosure: lender entitled to an equitable lien, but not entitled to foreclose on that lien where was no showing of default on mortgage from which the lien arose - Rozanski v....more

Carlton Fields

Real Property & Title Insurance Update: Week Ending April 28 & May 5, 2017

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REAL PROPERTY UPDATE - Foreclosure: final summary judgment in borrower’s favor inappropriate where borrower merely asserted that lender mistakenly filed copy of original note with court, instead of original, and where...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending September 11, 2015

Carlton Fields on

REAL PROPERTY UPDATE - Adverse Possession: appellant entitled to judgment quieting title in her favor because appellant’s predecessor in title had adversely possessed disputed strip of land by having it enclosed by a...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 22, 2015

Carlton Fields on

REAL PROPERTY UPDATE - Duty to Disclose/Vacant Property: plaintiff failed to present competent, substantial evidence of existence of fact materially affecting value of property and did not prove defendants had actual...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending January 30, 2015

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REAL PROPERTY UPDATE - Restrictive Covenants: restrictive covenant providing that an ostentatious site feature, which “may be offensive to adjacent neighbors is unacceptable” was improperly interpreted by architectural...more

Ballard Spahr LLP

Implied Restrictive Covenant Prevents Conversion of Golf Course to Residential Lots

Ballard Spahr LLP on

A federal court of appeals held that a golf course was encumbered by an implied restrictive covenant, preventing the foreclosing lender from selling the golf course for residential development. The U.S. Court of Appeals for...more

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