Real Estate & Property Law

Judge dismisses suit over purple swing set said to violate HOA color regs

A judge has ruled against a Missouri homeowners association in a dispute over the color of a backyard swing set. Guidelines of the Raintree Lake Neighborhood Homeowner’s Association require playground equipment to be “subdued and within harmony with other colors of the community.” The swing set in the backyard of…

Aug 31, 2015 10:35 AM CDT

Once-secret brief filed by federal prosecutors details scheme to defraud Vegas HOAs

Now that 42 defendants have been convicted in a federal corruption case over a scheme to fleece Las Vegas area homeowners associations of millions of dollars, prosecutors have released a brief filed under seal. It provides new details about the scheme operated by convicted mastermind Leon Benzer, a former construction…

Aug 20, 2015 4:30 PM CDT

Cited by animal control in dog dispute, couple responds with ‘douchebag’ yard sign

After new neighbors asked a Texas family to keep their four dogs inside until later in the morning, James and Lisa Price say they tried to cooperate with the retired couple. But a $121 ticket from the municipal animal control department after the dogs “were going nuts” about something one…

Aug 14, 2015 1:45 PM CDT

Real estate agent takes plea in unusual adverse possession case; his lawyer says it should be civil

Initially charged with two dozen felonies, a former real estate agent pleaded guilty to seven and got probation this week in an unusual criminal case that centers on adverse possession. At issue were four North Las Vegas homes Eric Alpert allegedly broke into and converted for his own use, renting…

Aug 12, 2015 11:00 AM CDT

Landlord faces misdemeanor charges for alleged illegal evictions

A New York City landlord who operates transitional homes was charged last week with two misdemeanors for unlawful eviction of tenants. The landlord, Yury Baumblit, operates “three-quarter” homes, which charge poor and disabled residents the cost of their housing allowance checks, the New York Times reports. The amount is $215…

Aug 11, 2015 6:15 AM CDT

Mastermind gets 15 years in ‘mind-boggling’ scheme to fleece Vegas HOAs of millions

Bringing to a close the largest known public corruption case in Southern Nevada, a federal judge on Thursday sentenced a former construction company boss portrayed by prosecutors as its mastermind to 15½ years in prison. The case, which brought down multiple attorneys among a total of nearly 40 defendants, involved…

Aug 7, 2015 11:37 AM CDT

6th Circuit criticizes lawyer’s ‘outlandish’ comparisons, tosses challenge to lawn mowing fine

A federal appeals court has tossed a homeowner’s suit claiming his due process rights were violated when he was charged $600 by city of Howell, Michigan, for refusing to mow the curb strip in front of his home. The Cincinnati-based 6th U.S. Circuit Court of Appeals tossed the suit by…

Aug 4, 2015 5:45 AM CDT

Woman fell from bed through 3rd-story window while sleeping, is now suing property manager for $230K

A woman who fell from her bed through an open third-story window while sleeping in her Corvallis, Oregon, apartment last summer is suing the building’s property manager for $230,000 in damages. Shelbi Macholz alleges in her Lane County Circuit Court complaint (PDF) that Principle Property Management failed to keep the…

Jul 29, 2015 11:30 AM CDT

Mötley Crüe frontman settles suit over Facebook password

Mötley Crüe’s frontman filed a Nevada lawsuit sue to get his Facebook password back, after a woman he allowed to manage his social media accounts allegedly refused to provide it. Attorney James Kohl represents Vince Neil, and told the Las Vegas Review-Journal that no money was paid by his client…

Jul 23, 2015 11:20 AM CDT

Archdiocese seeks court order to end protesters’ 11-year vigil and close down deconsecrated church

An 11-year, 24/7 vigil at a Roman Catholic church outside Boston may be coming to an end, if Massachusetts appeals courts see the case the same way as the Archdiocese of Boston. The protesting parishioners say they are the true owners of St. Frances Xavier Cabrini church in Scituate, under…

Jul 23, 2015 11:20 AM CDT

We want to be the best, so we don’t hire Ivy League law grads, says small-firm chief

Adam Leitman Bailey wants his 15-lawyer real estate boutique to be one of the best in New York. So he doesn’t hire—or even interview—recent graduates of Ivy League and other top-tier law schools, he tells the Wall Street Journal Law Blog: ““Even if they were top of the class, I…

Jul 16, 2015 11:45 AM CDT

Firm leader faces ‘preposterous’ grand larceny case in removal of cameras outside home of client, 93

Updated: A New York lawyer doesn’t appear to be contesting a claim that he removed security cameras trained on the front door of a 93-year-old woman embroiled in a landlord-tenant dispute. But Manhattan attorney Arthur Schwartz says the fact that he himself is now facing a grand larceny case over…

Jul 14, 2015 4:55 PM CDT

Travelers beware: Tourist excesses are sparking new laws and stricter enforcement

It might seem like harmless fun. But throughout the world travelers need to beware of following impulses: They face an increased likelihood of fines or even jail for misbehavior as an epidemic of injuries, damage and violations of local standards caused by tourists’ antics are sparking new laws and stricter…

Jul 13, 2015 1:42 PM CDT

Lawyer who hosted radio show avoids prison in $10M mortgage-fraud case

A federal judge gave a real estate closing attorney who once hosted a national radio show a break on Tuesday. Warren Ballentine, 44, got three years of probation, 300 hours of community service and must pay over $140,000 in restitution to lenders for his role in a mortgage fraud that…

Jul 8, 2015 11:05 AM CDT

Once-mighty real estate boutique files for bankruptcy, a year after claimed $30M embezzlement

A real estate boutique whose attorney roster has shrunk to a small fraction of the 150 lawyers it once listed has filed for Chapter 11 bankruptcy. Atlanta-based Morris Schneider Wittstadt made the filing early this week in Richmond, Virginia. It says the firm has approximately $10 million in assets and…

Jul 7, 2015 10:10 AM CDT