Author: David Swistock

May an individual in bankruptcy claim an automatic homestead exemption on real estate they occupy as their personal residence when title is vested in an LLC which is co-owned by the individual and their spouse?

Posted by David Swistock | Nov 6, 2023 | Laws and Regulations, Real Estate, Recent Case Decisions |

In re: Schaefers

May a buyer who acquires property subject to an existing mortgage which is in default reinstate the mortgage to cure the default when the lender has not called the mortgage due, refuses to accept reinstatement and starts foreclosure?

Posted by David Swistock | Nov 6, 2023 | Laws and Regulations, Loan Products, Mortgages, Real Estate, Recent Case Decisions |

Shetty v. HSBC Bank USA, N.A.

Does a property owner hold an easement for a long-standing roadway over an adjoining property when both properties were commonly owned before they were acquired by the current owners?

Posted by David Swistock | Oct 24, 2023 | Laws and Regulations, Real Estate, Recent Case Decisions |

Kimball-Griffith, L.P. v. Burman

Is a tenant in a multi-unit residential property liable for injuries incurred by an invited guest in a common area?

Posted by David Swistock | Oct 16, 2023 | Property Management, Real Estate, Recent Case Decisions |

Moses v. Roger-McKeever

Is a private mortgage lender entitled to receive usurious interest on a non-brokered extension to a mortgage initially arranged by a broker?

Posted by David Swistock | Oct 4, 2023 | Interest Rates, Laws and Regulations, Loan Products, Mortgages, Real Estate, Recent Case Decisions |

In re Moon

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