Justia Real Estate & Property Law Opinion Summaries

In 2006, Ronald A. Gosset borrowed $275,000 against his property, which he owned as a joint tenant with his daughters, Mellissa and Verity Gosset. Both daughters signed the mortgage but not the underlying note. When Ronald Gosset passed away and the loan was in default, The Bank of New York Mellon, as the current note and mortgage holder, moved for summary judgment and for permission to conduct a foreclosure sale on the property. The defendants argued that they were not in default since they never signed the note and bore no financial obligations to the plaintiff. Moreover, they contended that the claims against their deceased father couldn't be addressed until a representative for his estate was appointed.The Supreme Court of Rhode Island held that the plaintiff presented uncontested evidence demonstrating it is the holder of the note and mortgage, and that the note is currently in default. Furthermore, under the terms of the mortgage, the mortgage itself is also in default. The defendants, who are referred to as "Borrowers" in the mortgage, failed to present evidence challenging these assertions. Consequently, the court affirmed the judgment of the Superior Court, ruling that there were no genuine issues of material fact and the plaintiff is entitled to conduct a foreclosure sale on the property securing its promissory note. The court clarified that the judgment does not provide for an award of damages against any defendant, it only authorizes the plaintiff to foreclose its mortgage. View "The Bank of New York Mellon v. Gosset" on Justia Law

In a case before the Supreme Court of Rhode Island, plaintiffs Mark Quillen and Dawn Quillen entered into a Purchase and Sales Agreement (P & S Agreement) with defendant Clint Cox to purchase a property for a total sale price of $632,000, which included a $31,000 deposit. An issue arose when the parties' chosen escrow agent, Beycome Brokerage Realty, refused to accept the deposit, leading to an amendment in the agreement that allowed the plaintiffs to submit the deposit to a different brokerage firm, Trusthill. This amendment led to a dispute with the defendant claiming the plaintiffs failed to meet the deposit requirement, thereby breaching the contract.The trial justice in the Superior Court found that the defendant had prevented the plaintiffs from effectuating delivery of the deposit, thereby eliminating the condition precedent. The court also found that the plaintiffs were ready, willing, and able to purchase the property. Despite the defendant's claims, the court concluded that plaintiffs had met all their obligations under the contract. The court ordered specific performance, directing the defendant to transfer the property to the plaintiffs. The defendant's counterclaims for breach of contract, declaratory judgment, and damages were dismissed.On appeal, the Supreme Court of Rhode Island affirmed the judgment of the Superior Court. The court held that the trial justice correctly determined that the plaintiffs timely and properly delivered the deposit in accordance with the amended agreement. The court also agreed with the trial justice's finding that the plaintiffs were ready, willing, and able to purchase the property. The court rejected the defendant's argument that the trial justice failed to apply the clear and convincing standard in her factual findings, noting that the defendant failed to raise this issue in the lower court. The court also dismissed the defendant's contention that he was entitled to the deposit as damages, as the court found no evidence of breach on the part of the plaintiffs. View "Quillen v. Cox" on Justia Law

The case involves an appeal by a landlord, Carline Vilbon, against her tenant, Judy Vargas, in an eviction action. The landlord had sought possession of the rental property and reasonable use and occupancy damages from the termination date through the date Vargas vacated the property. The Superior Court granted Vilbon possession but dismissed her claim for use and occupancy as well as for money damages. Vilbon appealed the Superior Court's decision to the Supreme Court of Rhode Island.The Supreme Court of Rhode Island affirmed the order of the Superior Court. The court found that without a transcript of the proceedings, it could not determine whether the trial justice had abused his discretion in either dismissing Vilbon’s claims or denying her motion to vacate the consent order. The court held that the burden of furnishing the court with the necessary records to enable it to pass on the alleged error lay with the party alleging the error. As such, the court concluded that Vilbon's failure to provide an adequate transcript was fatal to her claims. View "Vilbon v. Vargas" on Justia Law

The Supreme Court affirmed in part and vacated in part the judgment of the superior court in favor of Plaintiffs following the court's grant of summary judgment on counts one (declaratory judgment) and three (anticipatory repudiation) of the complaint, holding that the grants of specific performance and attorneys' fees were improper.After a real estate action soured, Plaintiffs filed a complaint alleging eight counts. On summary judgment, the hearing justice granted a declaratory judgment for Plaintiffs, entered summary judgment for them on their anticipatory repudiation claim, ordered specific performance, and awarded attorney fees. The Supreme Court vacated the judgment in part, holding (1) the hearing justice's grant of specific performance was premature; and (2) Plaintiff raised justiciable issues of fact that impelled this Court to reverse the award of attorneys' fees. View "Bennett v. Steliga" on Justia Law

The Supreme Court affirmed the judgment of the superior court in favor of the Town of Exeter in this action seeking injunctive and declaratory relief challenging the Town's decision to amend its zoning ordinance, which prevented Plaintiff from developing three commercial solar-field projects in Exeter, holding that Plaintiff was not entitled to relief on its allegations of error.On appeal, Plaintiff challenged several aspects of the superior court's judgment denying Plaintiff's request to enjoin enforcement of an emergency moratorium ordinance preventing review of Plaintiff's solar-field projects and to declare that Plaintiff's solar-field projects were vested pursuant to R.I. Gen. Laws 45-24-44. The Supreme Court affirmed, holding that, under this Court's understanding of the relevant law, the trial court properly entered judgment in favor of the Town. View "Green Development, LLC v. Town of Exeter" on Justia Law

The Supreme Court vacated the judgment of the superior court in favor of Plaintiff on its claims of trespass and encroachment and against Defendants on their counterclaim for adverse possession, holding that the trial justice erred in deciding that Defendants failed to satisfy the open and notorious elements of their adverse possession claim.Plaintiff, The Union Cemetery Burial Society of North Smithfield, brought this complaint alleging that Defendants, John and Donna Foisy, had encroached and trespassed on its property at two locations. Defendants filed a counterclaim seeking declaratory and injunctive relief to quiet title pursuant to the doctrine of adverse possession. The trial justice ruled that Plaintiff was entitled to declaratory relief as well as a permanent injunction restraining and enjoining Defendants from further trespass. The Supreme Court vacated the lower court's order and remanded the case for further proceedings, holding that the trial justice overlooked or misconstrued material evidence and failed to take into account relevant and instructive caselaw. View "Union Cemetery Burial Society of North Smithfield v. Foisy" on Justia Law

The Supreme Court affirmed in part and vacated in part the judgment of the superior court in favor of Defendant following the court's summary judgment and grant of motions to strike in favor of Defendant, holding that the hearing justice erred when he granted Defendant's motion for summary judgment as to count five of Plaintiff's complaint.Plaintiff filed a complaint alleging five counts against Defendant stemming from the purchase and lease of a commercial property. A hearing justice granted Defendants' motions to strike an expert disclosure and an affidavit. The Supreme Court vacated the judgment in part, holding that the hearing justice (1) properly granted Defendant's motion to strike the affidavit; but (2) erroneously granted summary judgment as to count five of the complaint. View "Donnelly Real Estate, LLC v. John Crane Inc." on Justia Law

The Supreme Court affirmed the decision of the superior court granting summary judgment and final judgment in favor of third-party defendants, Western Surety Company and the Insurance Company of the State of Pennsylvania (collectively, the Sureties) in this case concerning the scope of the sureties' liability under a performance and payment bond issued in conjunction with a public works project, holding that there was no error.The Rhode Island Department of Transportation (RIDOT) was sued by Apex Development Company in this action alleging that RIDOT and its contractors trespassed and damaged Apex's private property. RIDOT filed a third-party complaint against the Sureties and others, seeking full indemnity and contribution. A hearing justice granted summary judgment for the Sureties, and a final judgment was entered. The Supreme Court affirmed, holding that RIDOT was not entitled to relief on its allegations of error on appeal. View "Apex Development Co., LLC v. State of R.I. Dep't of Transportation" on Justia Law

In these two consolidated cases, the Supreme Court vacated the final judgment granting Respondent the right to redeem its real property in a tax-sale action and from an order granting Respondent's motion to adjudge Petitioner in contempt, holding that there was no offer to redeem to satisfy the strict statutory requirements of R.I. Gen. Laws 44-9-29.After the property at issue, which was owned by Respondent, was sold at a tax sale by the City of Providence Petitioner filed a petition to foreclose on Respondent's right of redemption. Respondent answered by contesting the validity of the tax sale. Respondent then filed a motion to set a redemption figure. The hearing justice set the redemption amount at $65,000. Petitioner failed to deliver the redemption deed, after which Respondent moved to adjudge Petitioner in contempt. The superior court adjudged Petitioner in contempt and granted a motion to stay the order setting a redemption figure. The Supreme Court vacated the final judgment granting Respondent's right of redemption and the order of contempt, holding that, having failed to set forth in its answer an offer to redeem before the fixed return date, Respondent's right to redeem was barred. View "Westconnaug Recovery Co. v. U.S. Bank National Ass'n" on Justia Law

The Supreme Court affirmed the judgment of the superior court granting partial summary judgment in favor of Plaintiff in this foreclosure case, holding that there was no error in the proceedings below.Defendant signed a promissory note in favor of Plaintiff that consolidated numerous debts that Defendant owed Plaintiff in connection with various joint real estate projects. The promissory note was secured by a mortgage on certain real estate. When Defendant did not respond to a notice of default and demand for payment under the promissory note Plaintiff brought this action seeking injunctive relief and damages. Eventually, a second hearing justice granted Plaintiff's motion for partial summary judgment on counts one and two of her six-count complaint. The Supreme Court affirmed, holding that the second hearing justice properly applied the law of the case doctrine when granting Plaintiff's motion for partial summary judgment. View "DiMaggio v. Tucker" on Justia Law