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Tenth Circuit Affirms ECOA’s Regulatory Decision to Limit Creditors’ Exposure

March 18, 2024

Introduction In a recent credit discrimination case, the Tenth Circuit affirmed the Western District of Oklahoma’s finding...

Renovations and Reckonings: Navigating Unjust Enrichment in Property Disputes

March 12, 2024

Introduction In February 2024, the New Jersey Appellate Division affirmed a trial court’s decision on a motion...

Real Property Principles: Recordation Status Doesn’t Supplant Actual Notice

January 23, 2024

Introduction After purchasing real property in 2017 in Greenport, New York, Plaintiff JMMJ Development, LLC (“JMMJ”) brought...

Colorado Court Decides Matter of First Impression Regarding Lis Pendens Bond Requirements

August 30, 2023

In the August 24, 2023 decision issued by the Colorado Court of Appeals, Division Two (“the Court”),...

Expiration of Redemption Period Eliminates Standing to Challenge Foreclosure but for Fraud

August 18, 2023

In a recent opinion issued by the Michigan Court of Appeals (“the Court”) in the matter of...

Washington District Court Decides Issues of First Impression Regarding Fiduciary Duties

August 1, 2023

On June 23, 2023, the United States District Court for the Western District of Washington (“the Court”)...

Ohio Court Holds Escrow Agent Potentially Liable for Unaffiliated Party’s Escrow Fraud

June 12, 2023

In the May 22, 2023 opinion issued in Hoffman v. Atlas Title Sols., Ltd., 2023-Ohio-1706 (Ct. App....

Federal Appeals Court Denies Easement Rights-Based Challenge to Eminent Domain Title

May 24, 2023

On May 10, 2023, the Ninth Circuit Court of Appeals (“the Court”) issued a wide-ranging opinion – ...

Alabama Court Reforms Reverse Mortgage and Foreclosure Deed Due to Mutual Mistake

May 18, 2023

In Davis v. Reverse Mortgage Solutions, No. 2:20-cv-632-CWB, 2023 U.S. Dist. LEXIS 42496 (M.D. Ala. Mar. 14,...

Escrow Agent’s Theft of Premium Payment Insufficient to Compel Provision of Title Coverage

May 10, 2023

On April 25, 2023, the United States District Court for the Western District of Washington (“the Court”)...

Texas Appellate Court Dismisses Fraud and Fiduciary Duty Claims Against Title Insurer and Title Agent

May 4, 2023

On February 28, 2023, the Texas Third District Court of Appeals (“the Court”) entered its opinion in...

NJ Appellate Court Issues Guidance on Sufficient Proofs Under Revised “Fair Market Value” Standard

April 27, 2023

On April 21, 2023, the New Jersey Appellate Division (“the Court”) issued an important and uniquely topical...

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