 | Weekly Opinion Summaries
Real Estate Cases |  | | May 27-June 02, 2011 FindLaw.com Weekly Real Estate Newsletter | | You may forward this e-mail in its entirety.
Table of Contents Real Estate Cases FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this e-mail in its entirety. To view the full-text of cases you must sign in to FindLaw.com.
Real Estate Cases United States First Circuit, 05/27/2011
Laboy v. Doral Mortgage Corporation, No. 09-9022
In a bankruptcy dispute involving the violation of an automatic stay, judgment of the bankruptcy court denying a hearing on damages is reversed because debtors are entitled to present evidence. Read more... California Court of Appeal, 05/31/2011
Creature Ventures v. Jim Ward & Assoc., No. H034883
In a dispute arising from a real estate finance transaction and involving causes of action for usury and breach of contract, judgment of the trial court is reversed where the evidence is sufficient to support usury but insufficient to prove fraud. Read more... California Court of Appeal, 06/01/2011
Hamilton v. Greenwich Investors XXVI, LLC, No. B224896
In an action for breach of contract and fraud arising from defendant's foreclosure on a mortgage loan, judgment of the trial court dismissing complaint is affirmed where plaintiff's failure to disclose, in earlier bankruptcy proceedings, the existence of his breach of contract and fraud claims against the defendant bars the plaintiff from litigating the claim. Read more...
California Court of Appeal, 06/01/2011
Ferguson v. Avelo Mortgage, LLC, No. B223447
In an action to quiet title arising from a foreclosure sale, judgment of the trial court dismissing action is affirmed where plaintiff must plead tender of the full amount due on an original purchase loan before seeking to vacate the foreclosure sale. Read more... Court of Appeals of New York, 06/02/2011
Marraccini v. Ryan, No. 115
In a dispute arising from a home improvement agreement, judgment of the trial court denying defendant's motion for summary judgment is affirmed where a licensed home improvement contractor who enters into a contract using a name other than the one on his license is not barred from enforcing the contract unless the other party is deceived or otherwise prejudiced by the misnomer. Read more...
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