News & Analysis as of August 16, 2025

Condemnation

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Unjust Compensation

Ackerman & Ackerman, P.C. on 5/30/2025

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

Bank of New York Mellon Corp. Sues to Block City of Richmond’s Condemnation of Home Loans

Goodwin on 12/3/2013

The Bank of New York Mellon Corporation (BNY) is seeking an injunction to prevent the City of Richmond, California from using eminent domain powers to seize and refinance more than 600 home loans with outstanding balances...more

Federal Court Halts Lender Underwater Mortgages Lawsuit Against Richmond

Nossaman LLP on 9/16/2013

On September 12, the City of Richmond caught a small reprieve with respect to its plan to condemn underwater mortgages. As reported by Reuters, the federal district court ruled that the lawsuit filed by lenders Wells Fargo,...more

The City of Richmond Remains Undeterred in its Quest to Condemn Underwater Mortgages

Nossaman LLP on 9/12/2013

Despite three major banks filing federal lawsuits against the City of Richmond last month related to its plan to condemn underwater mortgages, the City continues to press on. On Tuesday, the City voted 4-3 to continue its...more

Big Year For Published Eminent Domain Decisions

Nossaman LLP on 1/15/2013

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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