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Features
In today’s climate of rising interest rates, stretched borrower balance sheets, and starkly uneven recovery across asset classes, defaulted loans have emerged as a prime hunting ground for investors with legal acumen. Capturing this opportunity requires more than a blunt foreclosure “hammer” — it demands a surgical enforcement playbook.
Columns & Departments
Town Did Not Obtain Prescriptive Easement to Discharges Stormwater Over Neighboring Land -Adverse Possession Claim Rejected Because Use Was Permissive -No Injunction Against State for Failure to Stop Neighbor’s Unauthorized Use of State Property -Foreclosing Lender Entitled to Second Opportunity to Establish Fair Market Value In Attempt To Recover Deficiency Judgment -Offer to Purchase Does Not Negate Hostility Requirement for Establishing Adverse Possession
Columns & Departments
Variance Annulled For Failure to Make Findings of Fact -Variance Denial Upheld When Owner’s Hardship Was Self-Created
Columns & Departments
Shareholder’s Easement By Necessity Claim Reinstated
Columns & Departments
Class Certification Upheld On Habitablity Claim -Colorable Claim of Fraud Justifies Looking Back Past Four Years -Tenant Entitled to Return of Deposit Because Lease Was Illegal