News & Analysis as of

Property Ownership Foreclosure

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It

Perkins Coie on

The Court of Appeal confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during a...more

Pullman & Comley - For What It May Be Worth

Equity Forfeiture in Tax Foreclosures – On the Way Out?

In 14 of our 50 states, a taxing authority which forecloses real estate for unpaid taxes is entitled to keep the full auction proceeds even beyond the owner’s debt obligation.  Enabled by laws known as “surplus retention...more

Patton Sullivan Brodehl LLP

Sometimes Real Property Rights Can be Adjudicated in a Criminal Case Where the Property Owner is Not Even a Party

Owners of real property generally understand that their property rights can be impacted by litigation in which they are a party. However, what’s less clear, but perhaps equally important to understand and guard against, is...more

Patton Sullivan Brodehl LLP

Cotenant Owner vs. Junior Creditor — Battle for Sale Proceeds from Senior Creditor Foreclosure

After a foreclosure sale by a senior creditor, California’s Civil Code section 2924k governs how the sale proceeds are applied in the following order of priority...more

Dickinson Wright

Michigan Property Tax and Civil Tax Collection Suits

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Civil suits to collect property taxes as an in personam debt are now limited to the person who owned the property when the tax became due, but the Michigan act does not completely prevent collection of property taxes as an in...more

Snell & Wilmer

Landlords Beware: Subordination Agreements

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In the recent Arizona Court of Appeals case Earle Investments, LLC v. Southern Desert Medical Center Partners, 762 Ariz. Adv. Rep. 12 (2017), the Court of Appeals addressed the question of the scope of a subordination...more

Holland & Knight LLP

West Coast Real Estate Update: October 2016 #1

Holland & Knight LLP on

California Coastal Act Blocks Housing Project in Venice Despite Earlier Approvals - Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer’s petition...more

Pullman & Comley, LLC

Appellate Notes: Recent Decisions of the Connecticut Supreme and Appellate Courts - January 2013

Pullman & Comley, LLC on

In This Issue: -AC31211 - Aguinaldo v. Warner -AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto -AC33850 - Unifund CCR Partners v. Schaeppi -AC33400 - Samnard Associates, LLC...more

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