LexisNexis Real Estate Law: Real Estate Law

Joy Harmon Sperling on the Groundbreaking Decision in Massachusetts v. Fremont Investment

Joy Harmon Sperling — Tue, 22 Apr 2008 12:29:40 GMT

The Massachusetts Superior Court recently enjoined a mortgagee from foreclosing on "presumptively unfair" mortgages without first obtaining the assent of the Massachusetts Attorney General or, if approval is not granted, without the Court's permission. In so doing, the Court has taken the doctrine of "parens patriae" to an entirely new level by finding that it has the authority to mo

Steven J. Eagle on the Extent of Diminution in Value Required to Constitute a Partial Regulatory Taking

Steven J. Eagle — Thu, 13 Mar 2008 10:02:29 GMT

Professor Steven J. Eagle discusses the New York appellate court’s decision in Noghrey v. Town of Brookhaven, 2008 N.Y. App. Div. LEXIS 1329 (Feb. 13, 2008), which was an action to recover damages for a regulatory taking of property without just compensation. The commentary focuses on the key to finding a partial regulatory taking--the extent of the property's diminution in value. Professor Eagle writes:

Professor Steven J. Eagle on Fashion Valley Mall, LLC v. National Labor Relations Board

Steven J. Eagle — Thu, 13 Mar 2008 10:00:28 GMT

Professor Steven Eagle comment on the California Supreme Court decision in Fashion Valley Mall, LLC v. National Labor Relations Board, 42 Cal. 4th 850, a case that illustrates the clash between private property rights and free expression. The Court ruled that labor unions have the right to distribute leaflets in front of stores located within shopping malls, urging the public to boycott those businesses. Professor Eagle write

Gerald M. Levinson on the Mortgage Forgiveness Debt Relief Act of 2007

Gerald M. Levinson — Tue, 26 Feb 2008 18:59:01 GMT

Because of the rash of mortgage defaults and foreclosures, and the overall turmoil in the housing market, last December Congress passed and the President signed into law the Mortgage Forgiveness Debt Relief Act of 2007. While this law offers struggling homeowners some help by excluding from taxable income the amount of forgiven or cancelled mortgage debt, the law is effective for a limited period and there are limitations on the reli

James M. Wilson Jr. Discusses the Recent Disclosures By Fannie Mae and Freddie Mac of Losses Attributable to Sub-Prime Mortgages, and Allegations of Collusion to Inflate Appraisals

James M. Wilson, Jr. — Wed, 06 Feb 2008 16:47:48 GMT

It now appears that the Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac") are subject to the same kind of bruising losses afflicting other large financial institutions as a result of sub-prime mortgage-related investments. James M. Wilson discusses the effect of that risk exposure, and of the alleged involvement of

H.R. 3915--"The Mortgage Reform and Anti-Predatory Lending Act of 2007"

Robert M Jaworski — Tue, 05 Feb 2008 11:42:38 GMT

On November 16, 2007, the House passed H.R. 3915, designed to prevent a repeat of the problems associated with the subprime lending crisis. Robert M. Jaworski, examines the bill that could dramatically alter the residen

Jenner & Block: Climate Change: Current and Emerging Legal Issues (May 2007)

Gabrielle Sigel — Wed, 16 Jan 2008 12:39:56 GMT

Climate change presents significant risks and opportunities for Corporate America. As a result, in-house counsel must be aware of the rapidly evolving legal developments pertaining to climate change. In this paper, the attorneys in Jenner & Block LLP’s Climate & Clean Technology Law Practice describe key legal issues in this area, including the current regulatory framework; proposed federal legislation; relevant environ

Paula A. Franzese on Twin Rivers: New Twin Rivers Test Applied to Homeowners' Association Restrictions on Residents' Speech

Paula A. Franzese — Wed, 16 Jan 2008 12:27:01 GMT

In this expert commentary on the ability of homeowners associations to restrict residents' speech, Professor of Law Paula A. Franzese explains the significance of the New Jersey Supreme Court's decision in Committee for a Bet

Marten Law Group--States, Courts Drive Climate Change Policy While Federal Government Sits on Sidelines

Michael G Lufkin — Wed, 16 Jan 2008 12:11:09 GMT

While federal lawmakers continue to debate climate change policy, states, local governments, and court cases have moved forward. In this Emerging Issues Commentary, Michael G. Lufkin of the Marten Law Group reviews the most important recent regional, state, and local laws and regulations, as well as the most significant judicial developments driving climate change policy across the country. Mr. Lufk