Category Archives: Recent Case Law

Our 150th Post: Ohio Supreme Court Holds Appeal of Planning Commission Order by Service of Summons by Clerk of the Courts on Administrative Agency Along with Notice of Appeal within Statutory Timeframe is Sufficient

In a proceeding where a development company and property owners sought to develop a subdivision of single-family homes in two phases (I and II), the applicant appealed the denial of a preliminary plat for Phase I and a conditional acceptance … Continue reading

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Courts may reshape mortgage industry

A New York appellate court ruled last week that a Reston-based company that electronically tracks and transfers millions of mortgages did not have the right to foreclosure on a property or assign a mortgage it doesn’t actually own. The decision … Continue reading

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IRS Scrutinizes Gifts of Real Estate

A court document with the IRS filing described efforts by Josephine Bonaffini, the coordinator of an IRS state and federal gift-and-estate tax program, to find people who haven’t filed Form 709 to report U.S. gift and generation-skipping transfer taxes to … Continue reading

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AT&T is “Rethinking Possible” After Recent Fed.Court Decision

The plaintiff, New Cingular Wireless (“AT&T”), challenged the Town’s denial of its permit alleging violation of the Telecommunications Act of 1996 (TCA) because the zoning board did not support their decision to deny the two taller proposed tower heights of … Continue reading

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Merscorp Lacks Right to Transfer Mortgages, Judge Says

Merscorp Inc., operator of the electronic-registration system that contains about half of all U.S. home mortgages, has no right to transfer the mortgages under its membership rules, a judge said. U.S. Bankruptcy Judge Robert E. Grossman in Central Islip, New … Continue reading

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New Fannie Mae and Freddie Mac Foreclosure Rules

In an effort to fix problems identified during the foreclosure crisis, the Federal Housing Finance Agency (FHFA) has directed Fannie Mae and Freddie Mac to align their guidelines for servicing delinquent mortgages they own or guarantee. The new guidelines end … Continue reading

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Ruling may slow foreclosures in South Carolina

The Supreme Court of South Carolina on Tuesday ordered lenders not to proceed with foreclosures in the state until they can demonstrate that they have given troubled homeowners a meaningful opportunity to modify their loans. Chief Justice Jean H. Toal, … Continue reading

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