Law School Toolbox Podcast Episode 272: Listen and Learn -- The Statute of Frauds (Contract Law)
Bar Exam Toolbox Podcast Episode 102: Listen and Learn -- The Statute of Frauds
Ohio- Enforceability of Arbitration Agreement- Bryan Costin v. Midwest Vision Partners LLC., 8th Dist. Cuyahoga No. 112651, 2024-Ohio-463. The Eighth District Court of Appeals recently affirmed the trial court’s ruling...more
Ohio- Statute of Frauds- TLOA Acquisitions, L.L.C. v. Unknown Heirs, 8th Dist. Cuyahoga No. 110002, 2021-Ohio-3678- In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the...more
REAL PROPERTY UPDATE - Foreclosure / Statute of Limitations: trial court improperly found that, because payments due under a note and mortgage were accelerated in a prior 2009 action, the second action filed over five...more
In Cowen Loan Servicing, LLC v. Jean Marie Delvar, 4D14-763, 2015 WL 8347300 (Fla. 4th DCA Dec. 9, 2015) the borrower alleged that he had been offered a loan modification and accepted and relied on that offer by making loan...more
MONEY: GUARANTORS CAN NOW RELY ON G.S. §45-21.36 VALUE DEFENSES - By statute in North Carolina, G.S. §45-21.36, certain obligors may defend a deficiency action where the bank is the successful bidder by arguing...more
A recent opinion from the North Carolina Court of Appeals addresses some common borrower defenses within the context of foreclosure and statute of frauds issues: compromise and settlement, accord and satisfaction, the...more
Under California Law, a party seeking to defeat the statute of frauds based on promissory estoppel must allege an actual change in position. In Jones v. Wachovia Bank, 230 Cal.App.4th 935 (2014), the California Court of...more
SC19047 - Commissioner of Public Safety v. Freedom of Information Commission - 1994 legislation that expanded the disclosure requirements of law enforcement agencies beyond just the name, rank & serial number of the...more
I. FLORIDA STATE CASES – SASHA GRANAI FUNK - Foreclosure: final judgment of foreclosure without amounts due and owing invalid and precludes foreclosure sale - King v. US Bank, No. 1D13-3109 (Fla. 1st DCA Nov. 6, 2013)...more
The California Court of Appeal reversed a lower’s court’s dismissal of a lawsuit by a borrower alleging that her lender breached an agreement to offer a permanent loan modification after she made all required payments under a...more
The Fourth Circuit, in an unpublished opinion, recently held that an oral statement that borrowers should disregard notices of foreclosure sale while being considered for a loan modification is insufficient to set aside a...more