Jump to Navigation | Jump to Content
American Bar Association

  Real Estate Litigation


New Expedited Foreclosure Acts Unlikely to Clear Backlogs

By Lisa D. Liebherr

Legislators may have to find another fix to foreclosure backlogs.

A Cross-Examiner's Primer: The Real Estate Appraiser and Highest and Best Use

By Kevin H. Brogan

The second in a series of articles on practical skills for new and experienced real estate litigators.

Massachusetts High Court Considers Modernizing State Lease Law

By Lawrence P. Heffernan, John T. Ronayne, Danielle Andrews Long, and Kendra L. Berardi

When is a lease not a lease? When it’s a contract.

Equitable Principles May Push Aside the Application of Economic-Loss Doctrine

By Anthony L. DeProspo Jr.

The Wyman case represents a potentially significant shift from generally recognized principles of tort recovery

Homeowners' Association Case May Signal Change in Unconscionability Analysis

By Kenneth R. Van Vleck and Bryan M. Haynes

Can an arbitration provision, written by a developer even before an owners' association was created, still bind the association to arbitrate its differences with the developer?

A Cross-Examiner's Primer: The Real Estate Appraisal Expert

By Kevin H. Brogan

Arm yourself with tools to analyze the appraiser's testimony and ideas on how to undermine those opinions of value.

Recent Mortgage-Related Proposals by the CFPB

By Paul M. Gales

The Consumer Financial Protection Bureau is seeking to curtail lender overreach, educate consumers, and simplify the complex aspects of obtaining and managing a mortgage.

Significant Changes to North Carolina's Mechanic's Lien and Bond Laws

By Eric Biesecker and Greg Higgins

Two controversial bills make the most dramatic revisions to the laws in 40 years.

FRCP 45 Proposed Amendments: Changing Subpoena Procedures

By Katherine S. Kayatta

Rule 45 has several ambiguities and quirks that can often be confusing.

Permit Extension Legislation Provides Potential Relief to Developers

By Marc J. Goldstein and Nadia H. Dahab

The time and money invested in permits impacted by the recession may not have been wasted.

Interview with Scott Vogt, Senior Claims Counsel at Fidelity

By Jeffrey Tibbals

Get a view from inside the title-insurance trenches.

Massachusetts Top Court Redefining Foreclosure Requirements

By Kendra L. Berardi

Three recent decisions attempt to clarify the murky waters of foreclosure.

How to Write an Effective Reply Brief

By Damon Thayer

Master these 10 simple steps to increase your chances of prevailing in any case.

Proving Positional Bias

By Anthony F. Della Pelle and Richard P. De Angelis Jr.

How much discovery should be permitted of an expert witness’s financial interests?

Leveraging All Knowledge in Real Estate Disputes

By Deanne Koll and Bridget Finke

From the beginning, both a litigation and a transactional attorney should be involved in dispute cases.

Landslide Liability Issues

By Ken Van Vleck

Failing to repair damage will cost more if the hillside fails to stabilize and causes further damage.

The Importance of Pro Bono Work in Professional Development

By Brian J. Murray

During this poor economy, pro bono work provides an excellent means to develop one’s craft.

Addressing Tribal Interests in Alternative Energy Projects

By Jaclyn R. Johnson

Tribes have become active players in the development of alternative energy.

Supreme Court Finds Florida's Supreme Court Did Not Take Beachfront Property Without Just Compensation

By Steven S. Kaufman and Robin M. Wilson

The Court ruled against a group of property owners, deciding that a beach restoration program does not violate their property rights.

Supreme Court Considers “Judicial Taking” of Property: Oral Argument Exposes Deeply Divided Court

By Steven S. Kaufman and Robin M. Wilson

The Court heard oral arguments in a case that promises to be a landmark decision on the issue of judicial takings.

Florida Effects Judicial Taking of Property Without Fair Compensation and Due Process?

By Steven S. Kaufman and Robin M. Wilson

The Supreme Court heard oral arguments in a case that promises to be a landmark decision on the issue of judicial takings.

Federal Reserve Board Issues Far-Reaching Mortgage Lending Amendments to Regulation Z

By Amanda Schroering Nall and Stephanie R. Renner

The board of the Federal Reserve adopted final rules under TILA and HOEPA, amending Regulation Z, promulgating the rules through its powers to proscribe “unfair,” “deceptive,” and “abusive” acts and practices.

Subprime Litigation Adds to Real Estate Woes

By Jeff Nielsen

Subprime mortgage and related civil litigation filed in U.S. federal courts during 2007 and the first quarter of 2008 is on pace to eclipse the landslide of lawsuits seen in the wake of the U.S. savings and loan crisis of the early 1990s.

Breach of Contract in Real Estate Cases

By James A. Zitesman

The myriad of cases resulting from breach of contract in real estate has developed into a well-defined body of law.