Real Estate & Property Law

Mortgage Rescue Scheme Gets NY Attorney Disbarred for the Second Time

Kevin P. Wheatley isn’t yet 40. But he has now been disbarred—for the second time—in New York. After losing his law license in 2002, for what the Committee on Professional Standards of the state supreme court’s appellate division called “dishonesty, fraud, deceit and misrepresentation,” he was reinstated in 2005, reports…

Nov 11, 2011 6:19 PM CST

Around the Blawgosphere: New Bitter Lawyer Web Series About Document Reviewers

The Gunners, the Dreamers and Me Those who mourned the end of Living the Dream—a 12-episode Web series created by lawyer-turned-TV writer Rick Eid that focused on newbie associate Nick Conley that appeared in Bitter Lawyer’s first incarnation—have something to look forward to: Bitter Lawyer’s premiere of The Bottom Rung,…

Nov 11, 2011 2:30 PM CST

Class Action Allowed in Bedbug Suit; Apartment Residents Say New Landlords Shunned Them

An Iowa judge has certified a class action filed on behalf of about 300 current and former residents of two Des Moines apartment buildings who say their landlord failed to combat a growing bedbug infestation. The suit claimed the buildings for elderly and disabled residents first experienced a bedbug problem…

Nov 11, 2011 2:24 PM CST

Fake No-Parking Signs Along Calif. Beach Streets Can Result in Real Tickets

It’s often hard to tell whether a multitude of unauthorized no-parking signs posted on roads near California’s best public beaches are legitimate or not. But the result can be double-whammy for those who seek a hard-to-find parking space in order to surf or simply take a stroll on the sand,…

Nov 11, 2011 2:02 AM CST

Lawyer May Face Contempt Hearing re His Visit, With Locksmith, to Home His Client Claims to Own

A Florida judge says he plans to schedule a contempt hearing after a lawyer handling civil litigation went with a locksmith to $1 million home in Lakeland that his client, Dorice “DeeDee” Moore, claims to own. Circuit Judge J. Dale Durrance indicated yesterday that attorney Randall O. Reder of Tampa…

Nov 10, 2011 6:19 PM CST

Lawyer Takes Plea re Alleged $600K Client Theft, Gets Probation and Deferred Adjudication

A real estate lawyer in Massachusetts has taken a plea concerning his theft of nearly $600,000 in client funds he was supposed to distribute at two closings to pay off mortgages and compensate the sellers. Attorney Edward “Pete” Vincent admitted the government could prove two counts of larceny, the Martha’s…

Nov 9, 2011 9:46 PM CST

Supreme Court Accepts Case Claiming Property Code Cuts Affordable Rentals, Violates Fair Housing Act

The U.S. Supreme Court agreed Monday to decide a case involving a claim that a Minnesota city’s housing code clashes with the Fair Housing Act. Rental property owners in St. Paul are arguing that housing code requirements will increase their costs and decrease the number of properties they are able…

Nov 8, 2011 2:24 PM CST

NY Closing Attorney Is Convicted of Bank Fraud and Money Laundering

A New York real estate lawyer has been convicted of bank fraud and money laundering for closing purchases in pricey Westchester County in which mortgages were allegedly obtained by the buyers based on phony documentation. However, Louis Cherico, 70, was acquitted by a federal jury Tuesday of obstruction of justice…

Nov 3, 2011 5:43 PM CDT

Lawyer Exits Practice, But Uses Legal Know-How in New Gig: Opening Craft Beer Brewery

Michael Peticolas concluded his law practice last year so he could pursue a long-held dream of brewing craft beer to sell to bars. But the Texas attorney soon discovered that the law would continue to be an important and regular part of his work routine as he sought permission to…

Nov 2, 2011 11:57 PM CDT

Real Estate Lawyer Closes Office Temporarily; Bank Asks Court to Decide Who Gets $473K Trust Account

A well-known Georgia real estate lawyer has temporarily closed his Columbus office amidst an audit, and a local bank has asked a Muscogee County court to determine who should get the nearly $473,000 in his attorney trust account, the Ledger-Enquirer reports. “Our title insurance underwriters have suspended our access and…

Nov 2, 2011 9:48 PM CDT

Chief Pa. Supreme Court Judge Sues Law Firm for Malpractice re Family Court Building Project

The chief judge of the Pennsylvania Supreme Court has sued a prominent Philadelphia law firm and a former lawyer there for malpractice, contending that the state paid millions more than it should have for a family court building project. A central issue in the case brought by Chief Justice Ronald…

Nov 2, 2011 8:38 PM CDT

Let’s Make a Deal: Small Firms Find Big Deals on Office Space

John Pankauski used to pay $1,500 a month to rent a small office with few amenities. Today the Florida estate-planning lawyer owns his own office condo overlooking the scenic Intracoastal Waterway in West Palm Beach. After some $100,000 in renovations, he and his staff now work in a 2,000-square-foot penthouse,…

Nov 1, 2011 7:10 AM CDT

Halloween Party Costumes Come Back to Haunt Foreclosure Law Firm

A New York Times columnist is expressing outrage over Halloween costumes worn by some employees of a law firm previously in the news because of a probe into its foreclosure practices. The costumes appear to mock homeowners targeted in the law firm’s cases, showing an “appalling lack of compassion,” according…

Oct 31, 2011 11:00 AM CDT

Will Insurer of Uninhabitable Fla. Condo Building Have to Pay to Repair Defects?

In the midst of a terrible real estate market, the owners of the 117 units at the Dophin Tower condominium in Sarasota, Fla., have a bigger problem to worry about than most. In addition to owning homes that are probably worth only a fraction of what they paid, their units…

Oct 28, 2011 7:07 PM CDT

Del. AG Alleges Deceptive Practices in Latest MERS Suit, Seeks Temporary Court-Ordered Shutdown

In an apparent new wrinkle among a growing wave of government litigation over a national electronic registry that circumvented the traditional system of recording mortgage assignments in county offices, the Delaware attorney general has filed suit against Merscorp Inc. alleging deceptive practices by its Mortgage Electronic Registration Systems, according to…

Oct 27, 2011 8:29 PM CDT