Real Estate & Property Law

Top Fla. Court to Address High-Profile Foreclosure Case Based on Inaccurate Loan Documents

Can a bank that files a mortgage foreclosure case based on inaccurate documents simply withdraw it when the lack of an appropriate foundation for the litigation becomes clear? That is a central issue in a high-profile case being taken up by the Florida Supreme Court, reports the Heard Along the…

Apr 12, 2011 12:06 PM CDT

Lawyer Gets Enhanced Sanction (a Reprimand) for Ignoring Both Client and Disciplinary Authorities

The New Jersey Supreme Court imposed an enhanced sanction on a lawyer who not only failed to return a former real estate client’s many phone calls but didn’t refund $250 from an escrow account, reports the Legal Profession Blog. But that was because Christopher McCarthy also didn’t respond to a…

Apr 12, 2011 10:53 AM CDT

Federal Court Questions Parkland Status Removal in Brooklyn Bridge Park Project

The National Park Service illegally removed two New York City Civil War-era buildings from parkland protection, said a New York U.S. district court judge Friday in a preliminary injunction order. The plan, according to the New York Post, was meant to boost private developer involvement in the Brooklyn Bridge Park…

Apr 11, 2011 3:28 PM CDT

AG Subpoenas New York’s Biggest Foreclosure Firm and Processing Company Spinoff

Subpoenas have been issued by New York’s attorney general to the state’s biggest mortgage foreclosure firm, Steven J. Baum, P.C., and a spinoff processing company, seeking information about their practices. However, Steven J. Baum, who operates the 70-lawyer Amherst, N.Y., firm, says it has done nothing wrong and will cooperate…

Apr 11, 2011 10:00 AM CDT

Lender Forecloses on NBA Player’s Home; Despite $10M Contract, He Likely Won’t Owe for Deficiency

When he was playing for the Sacramento Kings, it must have seemed like a good idea to Kevin Martin to purchase a California home for more than $1 million. But, like those with lower incomes and less expensive houses, the Houston Rockets basketball star has just lost his to foreclosure,…

Apr 6, 2011 7:26 PM CDT

Lawyer Who Sued Over 109 Missing Square Feet Wins $150K Settlement

A New York lawyer has won a $150,000 settlement in his suit against a Brooklyn developer that claimed the living space in the condo he wanted to buy was 109 square feet smaller than advertised. Rishi Bhandari and his wife, Heather, gave up an additional $20,000 offered in the settlement…

Apr 6, 2011 1:35 PM CDT

Trial Starts for Law Partner Charged in $1.3M County Auditor Bribe Conspiracy

Two of William Mitchell’s former law partners, Timothy Armstrong and Bruce Zaccagnini, have taken pleas and are serving prison terms. Prosecutors say the mastermind of an alleged bribery scheme involving a former Cuyahoga County, Ohio, auditor and the Armstrong, Mitchell, Damiani and Zaccagnini law firm was the firm’s other name…

Apr 4, 2011 5:52 PM CDT

SEC Reportedly Preparing Civil Charges Against Wachovia over Pricing of Mortgage CDOs

The Securities and Exchange Commission is reportedly preparing civil charges against Wachovia Corp. as part of a probe into collateralized debt obligations used to bundle and resell mortgages. The SEC is investigating Wachovia, now owned by Wells Fargo & Co., for markups on CDOs that didn’t reflect the declining value…

Apr 4, 2011 12:17 PM CDT

Fed’l Judge Says Chase Must Post $4M Surety Bond to Get Its Foreclosure Files Back From Law Firm

A federal judge in Florida has ruled that Chase Home Finance must post a $4 million surety bond before the Ben-Ezra & Katz law firm is required to return to the bank foreclosure files for some $400 million worth of mortgages. The law firm contends that it is owed $6.2…

Apr 1, 2011 10:39 PM CDT

Tennessee Man Keeps His Pot to Plant In, Thanks to Judge’s Ruling

A Tennessee man who uses a toilet as a flower pot in his front yard is praising a judge’s “awesome” decision to toss a city citation for the display. William Terry had been cited for violating the city’s maintenance code with his green use of the toilet, the Knoxville News…

Apr 1, 2011 4:25 PM CDT

County Backs Lonely Widow’s Right to ‘Prescription Pet,’ a Chihuahua, in Her Fla. Condo

Lonely, fragile and suffering from post-traumatic stress disorder after an auto accident, Phyllis Schleifer could benefit from a prescription pet, her doctor felt. So she wound up living with Sweetie, a three-pound Chihuahua, in her Deerfield Beach, Fla., condominium. The problem is, it prohibits dogs. And although Sweetie is described…

Apr 1, 2011 12:45 AM CDT

Freddie Mac Pulls Foreclosure Files from Another Law Firm, by Mutual Consent

Without explaining why, Freddie Mac has added another law firm to its list of those that it no longer authorizes to handle its foreclosure files. The move concerning Shapiro & Burson was by mutual consent, a Freddie Mac spokesman told the Baltimore Sun. The Virginia-based law firm has been accused…

Mar 31, 2011 7:24 PM CDT

DOJ Hosts Bank Negotiations on Foreclosure Issues; NY AG Fears Deal Will Include Bank Amnesty

The U.S. Justice Department hosted a day-long negotiating session to discuss foreclosure practices on Wednesday that included state attorneys general and five of the nation’s largest banks. Iowa Attorney General Tom Miller called the session “far-ranging and productive” and said it was “a good first step” in a discussion of…

Mar 31, 2011 3:37 PM CDT

As Chief Judges Agree Law Firm Can’t Simply Quit, One Sets Hearings for 9,000 Abandoned Cases

Throughout the state of Florida, chief judges apparently are in agreement that attorney David J. Stern and his law firm can’t simply abandon as many as 100,000 mortgage foreclosure cases. But that’s what reportedly has happened, as Stern notified the courts in lengthy letters earlier this month listing the cases…

Mar 30, 2011 4:24 PM CDT

Feds Ponder Possible Manslaughter and Perjury Charges in Gulf Oil Spill Case, Sources Tell AP

Department of Justice officials investigating the massive oil spill nearly a year ago in the Gulf of Mexico are considering possible perjury and manslaughter charges. However, unidentified sources also caution that the probe is not complete and that criminal charges, while possible, are far from certain, reports the Associated Press.…

Mar 29, 2011 9:30 PM CDT