Justia Real Estate & Property Law Opinion Summaries

Corey Nelson-White was barred from Rhode Island Row, a mixed-use development in Northeast D.C., which includes two buildings at 2300 and 2350 Washington Place NE. The barring notice directed him to stay off the property and grounds of Rhode Island Row. Officers explained the barring notice to Nelson-White, but did not provide him with a copy. Six days later, Nelson-White was found inside a parking garage attached to one of the Rhode Island Row buildings and was arrested for unlawful entry.The Superior Court of the District of Columbia convicted Nelson-White of unlawful entry, finding that he knew or should have known he was barred from the premises, including the parking garage. The trial court based its decision on the barring notice and the officers' instructions, despite Nelson-White's argument that the garage was not clearly marked as part of Rhode Island Row.The District of Columbia Court of Appeals reviewed the case and found the evidence insufficient to sustain Nelson-White's conviction. The court noted that there was no clear indication that the parking garage was part of the barred premises. The court highlighted the lack of signage or other markers that would inform a reasonable person that the garage was part of Rhode Island Row or 2350 Washington Place. The court concluded that a rational fact-finder could not determine beyond a reasonable doubt that Nelson-White knew or should have known the garage was included in the barring notice.The District of Columbia Court of Appeals reversed Nelson-White's conviction for unlawful entry, holding that the evidence did not support the conclusion that he was aware or should have been aware that the parking garage was part of the premises he was barred from entering. View "Nelson-White v. United States" on Justia Law

Karen Richardson obtained a loan in 2008, secured by a promissory note and a deed of trust on her home. After a series of transfers, Nationstar Mortgage, LLC became the holder and servicer of the note. Nationstar appointed members of McCabe, Weisberg & Conway, LLC (MWC) as substitute trustees. In 2015, Nationstar filed for judicial foreclosure, alleging Richardson defaulted on her mortgage. Richardson counterclaimed, challenging Nationstar's standing and alleging violations of lending laws. The Superior Court ruled in favor of Nationstar, and the property was sold in a foreclosure sale.Richardson opposed the ratification of the sale, arguing that Nationstar and MWC provided an incorrect payoff amount, constituting fraudulent misrepresentation and breach of fiduciary duty. The Superior Court ratified the sale, concluding that Richardson's right to cure the default had expired before the incorrect payoff amount was provided. Richardson's subsequent appeals were dismissed as moot.Richardson then filed a new suit against Nationstar, MWC, and the trustees, alleging wrongful foreclosure, fraud, and misrepresentation. The Superior Court dismissed her claims against Nationstar and others as barred by res judicata, but held her claims against MWC and the trustees in abeyance. Richardson amended her complaint, and the Superior Court dismissed it again on res judicata grounds, believing she had not disputed privity.The District of Columbia Court of Appeals reviewed the case and reversed the Superior Court's dismissal on the issue of privity. The court held that MWC and the trustees had not sufficiently demonstrated privity with Nationstar to invoke res judicata. The case was remanded for further proceedings to address the privity issue and any other unresolved claims. View "Richardson v. McCabe, Weisberg & Conway, LLC" on Justia Law

Nine Black, female, low- to moderate-income first-time homebuyers purchased condominium units at the RiverEast at Grandview Condominium complex through the District of Columbia’s Housing Purchase Assistance Program. Shortly after moving in, they encountered severe habitability issues, including foundation problems, sewage, and mold. Their attempts to resolve these issues were unsuccessful, leading them to file a thirteen-count lawsuit against the developers, the District of Columbia Department of Housing and Community Development (DHCD), and the RiverEast at Grandview Condominium Owner’s Association. The developers later filed for bankruptcy, and the plaintiffs were forced to evacuate their units.The Superior Court of the District of Columbia granted motions to dismiss the plaintiffs’ claims against the District and the Association for failure to state a claim. The court found that DHCD, as a District agency, was non sui juris and thus incapable of being sued. It also concluded that the plaintiffs failed to state a claim under the District of Columbia Consumer Protection Procedures Act (CPPA) because the District could not be considered a “merchant” under the statute. The court dismissed other claims, including violations of the District of Columbia Human Rights Act (DCHRA), breach of contract, intentional infliction of emotional distress (IIED), and negligence.The District of Columbia Court of Appeals reversed the trial court’s dismissal of the CPPA claim, holding that the District could be considered a merchant under the statute. The case was remanded for further consideration of whether the District’s trade practices were unfair or deceptive. The appellate court affirmed the dismissal of the DCHRA, breach of contract, IIED, and negligence claims, finding that the plaintiffs failed to sufficiently allege facts to support these claims. The court also upheld the trial court’s denial of the plaintiffs’ request to amend their complaint. View "May v. River East at Grandview" on Justia Law