News & Analysis as of August 12, 2025

Tyler v Hennepin County Minnesota

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Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -

Land banking after Tyler: No government taking where there’s a process (so says federal 6th Cir.)

Bricker Graydon LLP on 4/16/2025

Land banking advocates across the country took notice of the U.S. Supreme Court’s decision in Tyler v. Hennepin County that found a “government taking” occurred when a Minnesota county sold a tax-foreclosed home to recover...more

How Will the Recent Tyler v. Hennepin County, Minn. Decision Affect Ohio's Land Banking?

Bricker Graydon LLP on 5/31/2023

As widely expected by land banking advocates, the U.S. Supreme Court handed down an opinion steeped in the language of “home equity theft” to find a taking under the federal Constitution in a Minnesota case that screamed for...more

SCOTUS: “Home Equity Theft” Violates the Takings Clause

McGlinchey Stafford on 5/30/2023

Why Lienholders and Loan Servicers Should Care - In a unanimous decision, the Supreme Court held in Tyler v. Hennepin County that a county’s process of retaining the equity in a homeowner’s property constitutes a violation...more

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Foreclosure › Fifth Amendment › Tyler v Hennepin County Minnesota

Land banking after Tyler: No government taking where there’s a process (so says federal 6th Cir.)

How Will the Recent Tyler v. Hennepin County, Minn. Decision Affect Ohio's Land Banking?

SCOTUS: “Home Equity Theft” Violates the Takings Clause

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