Real Estate & Property Law
Overview
Real estate refers to land, as well as anything permanently attached to the land, such as buildings and other structures. Both federal and state laws regulate real estate transactions. For example, the Federal Fair Housing Act (42 U.S.C. §§ 3601-3631) protects people involved in real estate transactions from discrimination based on race, color, religion, sex, or national origin. The Supreme Court case of Meyer v. Holley, 537 U.S. 280 (2002), illustrates how a real estate company can be held liable for violating the Federal Fair Housing Act. States also have unique real estate laws which apply only to their jurisdiction.
Contract law governs the sale of real estate. Thus the Statute of Frauds (Uniform Commercial Code § 2-201), a principle of contract law, dictates that real estate transactions be in writing. Furthermore, since real estate transactions involve the sale of land, real property law also influences real estate law. For instance, the seller of property must show that that the title he or she is offering is marketable. Thus, the seller must prove that he or she owns title to the property and that no third party has an undisclosed interest in the property. However, real property is not synonymous with real estate. Real property only refers to land, while real estate also includes structures on the land.
Dockets
Fransiska Susilo v. Wells Fargo Bank N.A., et al
13-55863
Filed in Ninth Circuit Court of Appeals
Type of Suit: Foreclosure
Plaintiff - Appellant: FRANSISKA SUSILO, Erroneously Sued As Franciska Susilo. Defendant - Appellee: WELLS FARGO BANK N.A., WACHOVIA MORTGAGE, FSB, FKA World Savings Bank FSB and ETS SERVICES, LLC.Leonelli v. Mortgage Electronic Registration Services, Inc. et al
1:2013cv00368
Filed in Rhode Island District Court
Type of Suit: Foreclosure
Plaintiff: John Leonelli. Defendant: Mortgage Electronic Registration Services, Inc., Bank of America, N.A. and Homeward Bank of America, Inc.
Judge: John J. McConnell
Cause Of Action: Diversity-Contract DisputeFievez v. Citibank, N.A. et al
2:2013cv00880
Filed in Washington Western District Court
Type of Suit: Foreclosure
Plaintiff: Daniel L Fievez. Defendant: Citibank, N.A., JPMorgan Chase Bank, N.A., Washington Mutual Bank, Federal Deposit Insurance Corporation and Northwest Trustee Services, Inc. and other.
Cause Of Action: Fed. QuestionHodges v. Serterus, Inc. et al
1:2013cv00165
Filed in Tennessee Eastern District Court
Type of Suit: Foreclosure
Plaintiff: Matt Hodge. Defendant: Serterus, Inc. and Suntrust Mortgage, Inc.
Cause Of Action: (a) Fed. Question: Real PropertyRice v. Citibank, N.A. et al
3:2013cv05371
Filed in Washington Western District Court
Type of Suit: Foreclosure
Plaintiff: Tonya Rice. Defendant: Citibank, N.A., Federal National Mortgage Association, Chase Home Finance, Inc., Mortgage Electronic Registration Systems, Inc., Quality Loan Service of Washington, Inc. and other.
Cause Of Action: Diversity
Legislation
Bill Introduced: S.861 A bill to amend the Federal Water Pollution Control Act to provide ...
A bill to amend the Federal Water Pollution Control Act to provide guidance and clarification regarding issuing new and renewal permits, and for other purposes.Bill Introduced: H.R.1829 Coal Jobs Protection Act of 2013
To amend the Federal Water Pollution Control Act to provide guidance and clarification regarding issuing new and renewal permits, and for other purposes.Bill Introduced: H.Con.Res.36 Recognizing the disparate impact of climate change on women and ...
Recognizing the disparate impact of climate change on women and the efforts of women globally to address climate change.Bill Introduced: S.827 Big Oil Bailout Prevention Trust Fund Act of 2013
A bill to amend the Internal Revenue Code of 1986 to require oil polluters to pay the full cost of oil spills, and for other purposes.Bill Introduced: H.R.1750 Community Lending Enhancement and Regulatory Relief Act of 2013
To enhance the ability of community financial institutions to foster economic growth and serve their communities, boost small businesses, increase individual savings, and for other purposes.
Regulations
Proposed Rule - Approval and Promulgation of Air Quality Implementation Plans: Pennsylvania; ...
Environmental Protection Agency
Proposed Rule
Approval and Promulgation of Air Quality Implementation Plans:
Pennsylvania; Pennsylvania Clean Vehicles Program
,
68381-68385 [2011-28653]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2011-0605; FRL-9487-2] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Pennsylvania Clean Vehicles Program AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This SIP revision contains Pennsylvania's Clean Vehicle Program, which adopts California's second... [read document]
View Document | Download PDFRule - Approval and Promulgation of Air Quality Implementation Plans: North Dakota; Revisions ...
Environmental Protection Agency
Rule
Approval and Promulgation of Air Quality Implementation Plans:
North Dakota; Revisions to the Air Pollution Control Rules
,
68317-68322 [2011-28527]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2009-0556; FRL-9486-2] Approval and Promulgation of Air Quality Implementation Plans; North Dakota; Revisions to the Air Pollution Control Rules AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is approving revisions to the North Dakota State Implementation Plan (SIP) that the Governor of North Dakota submitted with a letter dated April 6, 2009. The revisions affect North Dakota's air pollution control... [read document]
View Document | Download PDFProposed Rule - Approval and Promulgation of Air Quality Implementation Plans: District of ...
Environmental Protection Agency
Proposed Rule
Approval and Promulgation of Air Quality Implementation Plans:
District of Columbia, Maryland, Virginia, and West Virginia; Attainment of the 1997 Fine Particle Standard, etc.
,
68378-68381 [2011-28648]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2011-0801; FRL-9487-4] Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, Virginia, and West Virginia; Determinations of Attainment of the 1997 Fine Particle Standard for the Metropolitan Washington and Martinsburg-Hagerstown Nonattainment Areas AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to make a determination that the Metropolitan... [read document]
View Document | Download PDFProposed Rule - Approval and Promulgation of Air Quality Implementation Plans: New Mexico; ...
Environmental Protection Agency
Proposed Rule
Approval and Promulgation of Air Quality Implementation Plans:
New Mexico; Albuquerque/Bernalillo County; Fees for Permits and Administrative Actions
,
68385-68393 [2011-28635]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2007-0154; FRL-9487-1] Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Fees for Permits and Administrative Actions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing an approval of revisions which repeal and replace existing rules, and revisions to the applicable State Implementation Plan (SIP) for New Mexico Albuquerque/Bernalillo County, which... [read document]
View Document | Download PDFRule - State Implementation Plans; Revisions:
Environmental Protection Agency
Rule
State Implementation Plans; Revisions:
68106-68107 [2011-28391]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2011-0601; FRL-9481-6] Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is finalizing approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal... [read document]
View Document | Download PDF
Articles
The Economic Perspective: Demand and Supply in the Reduction of Transaction Costs in the ...
(Forthcoming) Dari-Mattiacci, Giuseppe, âThe Economic Perspective: Demand and Supply in the Reduction of Transaction Costs in the Ancient World,â in Uri Yiftach-Firanko, Dennis P. Kehoe and David M. Ratzan (eds.), Transaction Costs in the Ancient Economy, Ann Arbor (MI): Michigan University , Amsterdam Law School Research Paper No. 2013-24, Amsterdam Center for Law & Economics Working Paper No. 2013-06, Giuseppe Dari-Mattiacci University of Amsterdam - Amsterdam Center for Law and Economics (ACLE) Date Posted: April 18, 2013 Accepted Paper Series 28 downloads Peeling the Onion: Legacy Lawsuit Litigation and Act 779 of 2012 Ryan Romero Southern University Law Center Date Posted: April 17, 2013 Last Revised: May 17, 2013Land Titles and Land Plots Turnover Structure in Russia in 2010
Russian Economy in 2010: Trends and Outlooks, Issue 32, 2011 Georgy Zadonsky Gaidar Institute for Economic Policy Date Posted: May 02, 2013 Accepted Paper Series 2 downloads The Land Market in Russia in 2011 Russian Economy in 2011: Trends and Outlooks, Issue 33, 2012 Georgy Zadonsky Gaidar Institute for Economic Policy Date Posted: May 02, 2013 Accepted Paper Series 2 downloads The Real Estate Market in Russia in January 2013 Journal of Russian Economic Developments. 2013, #4 Georgy Zadonsky Gaidar Institute for Economic Policy Date Posted: May 01, 2013 Working Paper Series 4 downloads Mortgage in the Russian Federation November 2012 Russian Economic Developments, No. 12, p. 46, 2012 Georgy Zadonsky Gaidar Institute for Economic Policy Date Posted: April 27, 2013 Accepted Paper Series 2 downloads The Real Estate Market in the Russian Federation Russian Economic Developments, No. 1, p. 64, 2013 Georgy Zadonsky Gaidar Institute for Economic Policy Date Posted: April 27, 2013 Accepted Paper Series 1 downloads Mortgage in the Russian Federation Russian Economic Developments, No. 2, p. 54, 2013 Georgy Zadonsky Gaidar Institute for Economic Policy Date Posted: April 27, 2013 Accepted Paper Series 1 downloads Mortgage in the Russian Federation in 2012 Russian Economic Developments, No. 3, p. 34, 2013 Georgy Zadonsky Gaidar Institute for Economic Policy Date Posted: April 27, 2013 Accepted Paper Series 2 downloads Fight Fraud within Exemption: Advocating a Practical Interpretation of the § 1702 Evasion Clause of the Interstate Land Sales Full Disclosure Act Iowa Law Review, Vol. 98, No. 5, 2013 Stephen A. Hench University of Iowa - College of Law Date Posted: March 29, 2013 Accepted Paper Series 2 downloads Certainty of Title: Perspectives after the Mortgage Foreclosure Crisis on the Essential Role of Effective Recording Systems Arkansas Law Review, Vol. 66, pp. 267-315 (2013), Chapman University Law Research Paper No. 13-9 Donald J. Kochan Chapman University School of Law Date Posted: March 25, 2013 Last Revised: May 15, 2013Certainty of Title: Perspectives after the Mortgage Foreclosure Crisis on the Essential Role of ...
Arkansas Law Review, Vol. 66, pp. 267-315 (2013), Chapman University Law Research Paper No. 13-9 Donald J. Kochan Chapman University School of Law Date Posted: March 25, 2013 Last Revised: May 15, 2013The Rise and the Demise of the Absolute Dominion Doctrine for Groundwater
University of Arkansas at Little Rock Law Review, Forthcoming, Villanova Law/Public Policy Research Paper No. 2013-3043 Joseph W. Dellapenna Villanova University School of Law Date Posted: May 15, 2013 Accepted Paper Series 2 downloads A Primer on Groundwater Law Idaho Law Review, Forthcoming, Villanova Law/Public Policy Research Paper No. 2013-3042 Joseph W. Dellapenna Villanova University School of Law Date Posted: May 15, 2013 Accepted Paper Series 2 downloads Avoiding Insult to Injury: Extending and Expanding Cancellation of Indebtedness Income Tax Exemptions for Homeowners Arkansas Law Review, Vol. 66, No. 1, 2013 Dustin A. Zacks King, Nieves & Zacks PLLC Date Posted: May 14, 2013 Accepted Paper Series 4 downloads A Process Account of the Endowment Effect: Voluntary Debiasing Through Agents and Markets NYU School of Law, Public Law Research Paper No. 13-26, NYU Law and Economics Research Paper No. 13-16 Jennifer Arlen and Stephan W. Tontrup New York University School of Law and Max Planck Institute for Research on Collective Goods Date Posted: May 11, 2013 Working Paper Series 9 downloads Beyond Coase: Emerging Technologies and Property Theory University of Pennsylvania Law Review, Vol. 160, p. 2189, 2012, U of Penn, Inst for Law & Econ Research Paper No. 13-16 Christopher S. Yoo University of Pennsylvania Law School Date Posted: May 11, 2013 Accepted Paper Series 22 downloads Improvement Doctrines George Mason Law Review, Vol. 21, 2014, Forthcoming Deepa Varadarajan St. John's University School of Law Date Posted: May 10, 2013 Accepted Paper Series 9 downloads Protecting Status: The Mortgage Crisis, Eminent Domain, and the Ethic of Homeownership Fordham Law Review, Vol. 77, No. 3, 2008, Seton Hall Public Law Research Paper Forthcoming Rachel D. Godsil and David Simunovich Seton Hall University - School of Law and Seton Hall University - School of Law Date Posted: May 08, 2013 Accepted Paper Series 3 downloads Protecting Property Through Politics: State Legislative Checks and Judicial Takings Minnesota Law Review 2013, Forthcoming Stephanie M. Stern Chicago-Kent College of Law Date Posted: May 07, 2013 Accepted Paper Series 15 downloads Testing the Results of Municipal Mixed-Use Zoning Ordinances: A Novel Methodological Approach Carol L. Cannon , Sue Thomas , Ryan D. Treffers , Mallie J. Paschall , Lauren Heumann , Gregory W. Mann , Dashiell O. Dunkell and Saskia Nauenberg The CDM Group, Inc. , Pacific Institute for Research and Evaluation (PIRE) , Pacific Institute for Research and Evaluation (PIRE) , Pacific Institute for Research and Evaluation (PIRE) , University of California, Berkeley , California State University, East Bay , 5 Gyres Institute and University of California, Los Angeles (UCLA) Date Posted: May 07, 2013 Working Paper Series 16 downloads The Impact of the Right of Access to Adequate Housing on the Enforcement of Mortgage Agreements and Other Credit Agreements Journal of Contemporary Roman-Dutch Law, Vol. 75, p. 632-657, 2012 C. M. Van Heerden University of Pretoria Date Posted: May 04, 2013 Accepted Paper Series 2 downloads Alienation of Land Act 68 of 1981: The Glitches Continue Journal of Contemporary Roman-Dutch Law, Vol. 75, p. 544-565, 2012 D. J. Lotz and S. C. Gerber University of Pretoria - Faculty of Law and University of Pretoria - Faculty of Law Date Posted: May 04, 2013 Accepted Paper Series 1 downloads Seven Principles for Equitable Adaptation 13 Sustainable Development Law & Policy 41 (2013), Univ. of San Francisco Law Research Paper Alice Kaswan University of San Francisco - School of Law Date Posted: May 03, 2013 Accepted Paper Series 14 downloads From Citizen Suits to Conservation Easements: The Increasing Private Role in Public Permit Enforcement 43 Envtl L. Rep. News & Analysis 10406 (2013), SUNY Buffalo Legal Studies Research Paper No. 2013-042 Jessica Owley SUNY Buffalo Law School Date Posted: May 02, 2013 Last Revised: May 14, 2013A Good Name: Applying Regulatory Takings Analysis to Reputational Damage Caused by Criminal History
Jamila Jefferson-Jones Barry University School of Law Date Posted: April 18, 2013 Working Paper Series Collective Institutions Towards Habitability: Roles, Strategies and Forms of Governance Euricse Working Paper No. 52/13 Francesco Minora European Research Institute on Cooperative & Social Enterprises (EURICSE) Date Posted: April 18, 2013 Working Paper Series 23 downloads Judicial Takings in Vandevere v. Lloyd 2012 Brigham Young University Law Review 423 Cory S. Clements Brigham Young University - J. Reuben Clark Law School Date Posted: April 18, 2013 Accepted Paper Series 2 downloads The Hidden Grabbing: Large Scale Investments in Land between Accumulation by Dispossession and Tailor-Made Fiscal Havens Tomaso Ferrando Sciences Po Law School Date Posted: April 18, 2013 Working Paper Series 9 downloads Institution 'Family Home' in Settling Civil Code of 2009 Pro Patria Lex, Journal Of Legal Studies And Research, Volume X, Issue. 2 (21) / 2012 Veronica Stoica and Cornel Falcusan Independent and Independent Date Posted: April 15, 2013 Accepted Paper Series Estimación del Potencial Devalorización del Suelo en Barranquilla en el Periodo 2001-2011: Estimación de Efectos Fijos en Datos de Panel (Estimation of Potential Value Increase in Barranquilla Plot of Land for Period 2001-2011: Estimation of Panel Data with Fixed Effect) Revista de EconomÃa del Caribe, No. 10, 2012, Dann Payares Ayola Universidad del Norte Date Posted: April 14, 2013 Accepted Paper Series 6 downloads The Emperor's New Loans: A Cautionary Tale from the Subprime Era PRACTICUM, April 2013, Brooklyn Law School, Legal Studies Paper No. 334 David J. Reiss Brooklyn Law School Date Posted: April 14, 2013 Accepted Paper Series 28 downloads Land Book Registration Prescription under the New Civil Code - Substantive Law and Provisional (Inter-Temporal) Law Issues The Review Dreptul No. 3/2013 Revista Dreptul and Marian Nicolae Union of Jurists of Romania and Independent Date Posted: April 14, 2013 Accepted Paper Series The Rule of Capture -- Still So Misunderstood after All These Years 37 Tex. Tech L. Rev. 1 (Winter 2004) Dylan O. Drummond , Lynn Ray Sherman and Edmond R. McCarthy Jr. Law Office of Dylan O. Drummond , Independent and Independent Date Posted: April 14, 2013 Accepted Paper Series 2 downloads The Object of the Land Book in the Light of the New Civil Code - Special Provisions Regarding the Registration of the Real Estate Registration Rights Romanian Review of Private Law, No. 3/2012 Universul Juridic Publishing House Universul Juridic Publishing House Date Posted: April 12, 2013 Accepted Paper Series Environmental Protection Through Economic Instruments and Their Impact on the Right of Ownership Romanian Review of Environmental Law, No. 1/2012 Universul Juridic Publishing House Universul Juridic Publishing House Date Posted: April 12, 2013 Accepted Paper Series The Right to Housing: Law, Concepts, Possibilities - Introduction Jessie Hohmann, 'The Right to Housing: Law, Concepts, Possibilities' (Hart Publishing, 2013), Queen Mary School of Law Legal Studies Research Paper No. 146/2013 Jessie M. Hohmann Queen Mary, University of London Date Posted: April 10, 2013 Last Revised: May 14, 2013
