Real Estate Law

Recent Posts

Professor Bethany Berger on Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak
Posted on 31 Jul 2012 by Bethany Berger

Challenges to federal title to land taken into trust for American Indian tribes may proceed despite the Quiet Title Act. Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak , 2012 U.S. LEXIS 4659 (U.S. June 18, 2012) [ enhanced version available... Read More

Foreclosure Docs & Robo-Signers in the Headlines: Underlying Legal Issues
Posted on 19 Oct 2010 by Dennis A. Scardilli, Esq., MAI

While attention in the popular media is focused on the "robo-signers," the decision in BANK OF NEW YORK v. RAFTOGIANIS, 2010 N.J. Super. Unpub. LEXIS 2316 (June 29, 2010) [ enhanced version available to lexis.com subscribers ] will enlighten... Read More

U.S. Supreme Court Dismisses Appeal Over Plaintiff’s Standing In Kickback Lawsuit
Posted on 28 Jun 2012 by LexisNexis® Mealey's™ Legal News

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today dismissed an appeal of a Ninth Circuit U.S. Court of Appeals ruling [ enhanced version available to lexis.com subscribers ] that affirmed a plaintiff's right to sue banks and title insurance... Read More

The Right of Individual Condominium Unit Owners to Sue the Association's Property Insurer
Posted on 31 Oct 2011 by Douglas Scott MacGregor

In this Analysis, Douglas Scott MacGregor reviews the basic principles of condominium ownership and the requirements for insuring condominium real property before turning to a survey of the cases on unit owner standing in litigation against association... Read More

Vetstein Law Group: Chatham Waterfront Owners Lack Standing To Challenge Special Permit Over Ocean View Obstruction
Posted on 23 Mar 2011 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ Ocean and waterfront views are some of the most valuable and fought-over property amenities in Massachusetts. The difference in price between a property with unobstructed ocean view versus one without - even on the... Read More

Foreclosure Docs & Robo-Signers in the Headlines: Underlying Legal Issues
Posted on 15 Oct 2010 by Dennis A. Scardilli, Esq., MAI

While attention in the popular media is focused on the "robo-signers," the decision in BANK OF NEW YORK v. RAFTOGIANIS, 2010 N.J. Super. Unpub. LEXIS 2316 (June 29, 2010) [ enhanced version available to lexis.com subscribers ] will enlighten... Read More

Tartaglia on Establishing Standing under New York SEQRA in Land Use Cases
Posted on 16 Aug 2010 by Alfred C. Tartaglia

In this Analysis, Alfred C. Tartaglia, Esq. examines Matter of Save the Pine Bush, Inc. v Common Council of the City of Albany , 2009 NY Slip Op 7667, 1 (N.Y. 2009) , focusing on the "injury in fact" and "special harm" requirements... Read More

BuckleySandler LLP: District Court Rules that Mortgage Servicer Lacks Standing to Bring Suit Against HUD for Failure to Process or Pay FHA Insurance Benefit Claims
Posted on 1 Aug 2011 by Andrea Lee Negroni

Excerpted from Infobytes , a weekly electronic newsletter on developments in financial services law from BuckleySandler LLP . For the full issue of Infobytes , click here: http://www.buckleysandler.com/infobyte-detail/infobytes-july-29-2011 On July... Read More

Real Cases in Real Estate by Andrea Lee Negroni, Esq. – Sept. 20th Update
Posted on 20 Sep 2010 by Andrea Lee Negroni

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners... Read More

Ohio Supreme Court Standing Decision Will Force Banks to Address “Paperwork Later” Approach to Foreclosure Actions
Posted on 15 Nov 2012 by Travis Burchart

The Ohio Supreme Court recently addressed the following question: Can a lack of standing at the commencement of a foreclosure action be cured by obtaining an assignment of a note and mortgage sufficient to establish standing prior to the entry of... Read More

Ninth Circuit expands standing for ADA claims concerning facility accessibility and architectural barriers: Chapman v. Pier 1 (Jan. 7, 2011)
Posted on 12 Jan 2011 by Travis Burchart

In the case of Chapman v. Pier 1 Imps.(U.S.), Inc. , 2011 U.S. App. LEXIS 453 (9th Cir. Cal. Jan. 7, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], Byron Chapman, who used a... Read More

Changing Tide In Foreclosure Litigation? Courts Taking Closer Look When Defendants Assert Lack Of Standing At Last Minute
Posted on 25 Feb 2013 by Peter J. Gallagher

In a series of recent decisions, New Jersey courts appear to be taking a stance against defendants raising, as a last-minute defense, that a party lacks standing to foreclose. This is good news for lenders and their assignees, who, prior to these decisions... Read More

Not A Holder In Due Course? Not Necessarily A Standing Problem
Posted on 19 Aug 2014 by Peter J. Gallagher

By now, all lenders have likely been faced with at least one situation where a borrower alleges that the lender lacked standing to sue on a note because the lender was not the holder of the note. While New Jersey courts have largely eliminated this defense... Read More

Real Cases in Real Estate by Andrea Lee Negroni, Esq. – Sept. 20th Update
Posted on 20 Sep 2010 by Andrea Lee Negroni

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners... Read More

BuckleySandler LLP: NJ Appellate Court Bars Foreclosure Action
Posted on 31 Aug 2011 by Andrea Lee Negroni

Excerpted from Infobytes , a weekly electronic newsletter on developments in financial services law from BuckleySandler LLP . For the full issue of Infobytes , click here: http://www.buckleysandler.com/infobyte-detail/infobytes-august-12-2011 A New... Read More