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Fifth Amendment › Mortgages

Ackerman & Ackerman, P.C.

Unjust Compensation

Ackerman & Ackerman, P.C. on

This article examines whether increased mortgage interest costs and property tax assessments should be compensable under the Fifth Amendment's Just Compensation Clause. While courts have traditionally limited compensation in...more

Nelson Mullins Riley & Scarborough LLP

Reacting to Tyler v. Hennepin County: Michigan Addresses Retroactivity of Legislative Fix

Nelson Mullins Riley & Scarborough LLP on

In a recent case, the Michigan Supreme Court issued an opinion in Schafer v. Kent County, No. 164975, addressing the critical issue of surplus equity stemming from a tax foreclosure within the context of the state...more

DarrowEverett LLP

Not Theirs for the Taking: SCOTUS Rebuffs County’s Full Property Seizure

DarrowEverett LLP on

From Cicero’s De Officiis to the Magna Carta and the homesteaders of 1862 to the millennials of 2023, humankind has long recognized the importance of a place to call home. Codified in the Fifth Amendment (“…nor shall private...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending June 16 & 23, 2017

Carlton Fields on

Real Property Update - US Supreme Court - Regulatory Taking: owner of parcel A, that took title to adjacent parcel B after regulation restricting use of parcels had been passed, lost grandfather rights for both parcels by...more

Burr & Forman

Dodd-Frank News: April 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

Burr & Forman on

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

Nossaman LLP

Lenders React to Richmond's Plan to Condemn Mortgages by Filing Suit

Nossaman LLP on

We all knew this was coming (see my post from July 23). If you poke a sleeping giant, it's going to file a lawsuit against you in federal court. Yesterday, in response to the City of Richmond's preliminary actions to...more

Nossaman LLP

Stanislaus County Moving Forward with Claribel Road Project

Nossaman LLP on

After two years of negotiating with residential property owners, the Stanislaus County Board of Supervisors approved acquisition of the property by eminent domain. The Modesto Bee reports that the board approved the...more

Nossaman LLP

More Reports on San Bernardino's Decision to Abandon Underwater Mortgage Eminent Domain Plan

Nossaman LLP on

Given how much publicity the proposal to condemn underwater mortgages received when it first appeared last summer, I suppose it's not surprising that San Bernardino's decision last week not to move forward has also garnered a...more

Nossaman LLP

San Bernardino Not Moving Forward with Proposed Plan to Condemn Underwater Mortgages

Nossaman LLP on

For the better part of a year, we've been writing about the controversial proposal to use the power of eminent domain to condemn underwater mortgages, allowing homeowners to have a new loan that better reflects the underlying...more

Nossaman LLP

Big Year For Published Eminent Domain Decisions

Nossaman LLP on

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

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