Default Interest Based on Single Late Payment Declared Unenforceable
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. It is not uncommon for loan agreements to provide for fees, penalties, and default…
Assertion of “Constructive Trust” Can Sometimes Support a Lis Pendens
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. One of the tools available in the real estate litigation attorney’s toolbox is a…
Sometimes Real Property Rights Can be Adjudicated in a Criminal Case Where the Property Owner is Not Even a Party
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. Owners of real property generally understand that their property rights can be impacted by…
Remedies for Trespass by Encroachment
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. A trespass by way of encroachment occurs when a building, structure, or other “thing”…
Landlord’s Constitutional Challenge to Covid-19 Eviction Moratorium Fails
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. As the first federal court of appeals to address a challenge to the constitutionality…
How a Junior Lien Can Survive Judicial Foreclosure
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. Oscar Wilde is quoted for saying—“To expect the unexpected shows a thoroughly modern intellect.”…
A Potent Superpower: Receiver “Super-Priority” Liens
This post was primarily authored by Zachary B. Young, a “Rising Star” for four years running and a Litigation Associate at Patton Sullivan Brodehl LLP. In…