Real Estate Law

New York Court Issues Comprehensive Summary of Adverse Possession Principles and Awards Plaintiff Possession of Defendant’s Property

On February 21, 2023, the New York Supreme Court (“the Court”) issued its opinion in Gelles v....

Maryland Court Illustrates the Unique Challenges of RESPA Class Actions

In Morgan v. Caliber Home Loans, Inc., 2022 U.S. Dist. LEXIS 208704 (D. Md., Nov. 16, 2022,...

Illinois Holds Title Insurance Claims Exempt From Complete Defense Rule

In Findlay v. Chicago Title Ins. Co., 2022 IL App (1st) 210889 (2022), the Appellate Court of...

Alaska Holds Improperly Recorded Lien Effective Under “Equitable Mortgage” Doctrine

On December 7, 2022, the Alaska Supreme Court (“the Court”) issued an opinion in the matter of...

NY Holds CEMA Defense Waiver Enforceable & Effective to Waive Statute of Limitations Defense

In the matter of Bank of N.Y. Mellon v. Vogt, LEXIS 2178 (N.Y.L.J. Nov. 3, 2022), on...

NY Court Holds Landmark Designation Triggers 1(A) Exclusion and Cannot Constitute Title Defect

In Fawn Second Ave., LLC v. First American Title Insurance, LEXIS 122021 (S.D.N.Y. July 11, 2022), the...

New York Court Reaffirms Basic 3(a) and 3(d) Exclusion Principles and That Issuance of Title Policy Does Not Create Fiduciary Duty

In Murphy v. Commonwealth Land Title Ins. Co., No. 20-CV-2793, LEXIS 144866 (E.D.N.Y. Aug. 12, 2022), the...

New Jersey Appellate Division Holds Unrecorded Mortgages Enforceable and Sufficient to Trigger Statutory Interest Caps Under N.J.S.A. 31:1-1

In the recently-issued decision of Deutsch v. Iedu Tech., No. A-1541-21, LEXIS 2309 (App. Div. Nov. 23,...

NJ Appellate Division Holds That HOA Declaration Trumps Prior Recorded Mortgage in Certain Instances

The New Jersey Appellate Division, in a published opinion, recently held that in certain instances, a recorded...

Sixth Circuit Reaffirms Mortgagor’s Right to Excess Proceeds in a Foreclosure Under Doctrine of Equitable Title

The United States Court of Appeals for the Sixth Circuit recently issued an opinion reaffirming mortgagors’ post-foreclosure...

Federal Court Decision Holds Transgender Status and Gender Dysphoria May Constitute Disability Under FHA, ADA, and Rehabilitation Acts but Plaintiff Failed to Plead Necessary Factual Links

The United States District Court for the District of Oregon (“the Court”) recently issued an opinion with...

NJ Supreme Court Holds Attorney Review Period Not Required in Absolute Auction Sales

The New Jersey Supreme Court recently held that the mandatory three-day attorney review clause that must be...