ABA Journal

Real Estate & Property Law

1911 ABA Journal Real Estate & Property Law articles.

Judge is kicked off foreclosure case that morphed into ‘ever-escalating battle’

A Florida appeals court has kicked a judge off a foreclosure case and barred her from considering an order to show cause that alleges perjury by the Bank of New York Mellon and others associated with the case.

Lawyer facing ‘world of financial claims’ could be jailed for refusing to turn over records in bankruptcy

A lawyer whose firm was forced into bankruptcy after clients complained about more than $8 million missing in escrow funds was held in civil contempt Tuesday for failing to turn over documents.

Doctor accused of showing his gun during Zoom court faces contempt hearing

A Chicago doctor has been ordered to show cause why he shouldn’t be held in contempt for allegedly showing his gun during a video bankruptcy hearing on Zoom.

Can real estate disclosure laws protect buyers from the supernatural?

Real estate agent Nancy Blaker Weber is no stranger to old ghost stories swirling around a grand Victorian house nestled on the banks of the Hudson River in Nyack, New York. Decades ago, the family living in it reported levitations, apparitions and other strange happenings. But that didn’t stop Blaker Weber from selling the home for a third time in June.

Typo in 1928 Supreme Court opinion created ‘reign of error,’ law prof says

A tiny typographical error in a 1928 U.S. Supreme Court opinion had a big impact after it was picked up in subsequent opinions and used to bolster arguments for property rights, a law professor has found.

Missing apostrophe in Facebook post leads to defamation suit

An Australian real estate agent is facing a defamation lawsuit because of a missing apostrophe in his Facebook post. The real estate agent wrote the post about his former employer and his alleged failure to pay money into Australia’s retirement system.

Jenner & Block settles with landlord in dispute over rent payments during pandemic

Jenner & Block has settled a rent dispute with the landlord for its Chicago building that stemmed from unused office space during the COVID-19 pandemic.

New York extends eviction protections in wake of SCOTUS decision blocking federal ban

New York has become the first state to extend its eviction moratorium since the U.S. Supreme Court blocked the federal ban on evictions during the COVID-19 pandemic late last month.

Volunteer legal work needed for pending evictions crisis, says ABA president

Millions of households are behind on their rent and think they will be evicted in the next few months, wrote U.S. Attorney General Merrick Garland in an Aug. 30 letter to the legal community calling for volunteer services.

Supreme Court blocks eviction moratorium, cites lack of CDC authority

The U.S. Supreme Court on Thursday blocked the latest federal ban on evictions, siding with real estate groups that argued the Centers for Disease Control and Prevention exceeded its authority by imposing the moratorium during the COVID-19 pandemic. Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor dissented.

State supreme court’s chief justice declares justice system emergency to increase pro bono representation

The Virginia Supreme Court’s chief justice has issued an emergency order to increase the pool of lawyers who can represent indigent tenants who are facing eviction and others in need of free legal help.

DC Circuit keeps latest eviction moratorium in place; Supreme Court is asked to intervene

Real-estate groups are asking the U.S. Supreme Court to block the latest eviction moratorium by the Centers for Disease Control and Prevention after a federal appeals court declined to do so.

3rd Circuit revives Second Amendment challenge to zoning restrictions on gun club

A federal appeals court on Tuesday said a federal judge should take another look at a Second Amendment challenge to a Pennsylvania township’s zoning restrictions on “sportsman’s clubs” shooting ranges.

Judge keeps federal eviction moratorium in place after SCOTUS partly blocks New York’s

U.S. District Judge Dabney Friedrich ruled a day after the U.S. Supreme Court partly blocked part of New York’s eviction moratorium.

Index of law firm profitability jumps to record high after unusual pandemic year

An index that measures the profitability of large law firms reached record highs in the second quarter, bolstered by big jumps from an unusual 2020 during the COVID-19 pandemic.

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