Justia Real Estate & Property Law Opinion Summaries

Plaintiff, purchaser of real property, sought damages resulting from alleged fraudulent misrepresentations. Plaintiff purchased property advertised as development-ready with an active waste-water permit. Plaintiff then learned that the permit had expired, but nevertheless maintained possession of the property and continued making its required financing payments. Plaintiff did not allege fraud until it defaulted on the modified promissory note - the original note having been modified after plaintiff defaulted - and faced foreclosure. The court held that plaintiff, with full knowledge of the alleged fraud, ratified the purchase and sale price of the property. Such ratification foreclosed plaintiff's right to damages, because plaintiff received the benefit of its bargain. Therefore, the court affirmed the judgment of the district court. View "R&L Investment Property, L.L.C v. Hamm, et al" on Justia Law

Debtor filed for leave to appeal the bankruptcy court's interlocutory judgment in the district court. While the motion was pending, the bankruptcy court, sua sponte, certified its judgment for direct appeal to this court, pursuant to 28 U.S.C. 158(d)(2)(A)(i) and (iii). The court agreed with the bankruptcy court's ruling on cross-motions for partial summary judgment in favor of FGB that the Multiple Indebtedness Mortgage that FGB recorded was valid and that the property underlying that mortgage, the Deluxe Motel, secured both the loan FGB made to debtor and the loan FGB made to a second entity. Accordingly, the court affirmed the judgment and remanded for further proceedings. View "Hari Aum, L.L.C. v. First Guaranty Bank" on Justia Law

IPS and MPES challenged the district court's final judgment, reversing and vacating the bankruptcy court's amended judgment, that their mechanics' liens on the property of debtor did not pertain to materials or labor supplied before the date on which Metrobank perfected its deed of trust lien, September 1, 2006. Hajoca and Crescent challenged the bankruptcy court's determination that their mechanics' liens also did not pertain to materials or labor supplied before September 1, 2006, which the district court upheld. The court concluded that the bankruptcy court clearly erred in determining that IPS and MPES had supplied materials or labor before September 1, 2006. The court also concluded that the bankruptcy court correctly determined that Hajoca and Crescent had not supplied materials or labor before September 1, 2006. Accordingly, the court affirmed the final judgment of the district court, which reversed and vacated the amended judgment of the bankruptcy court. View "First National Bank, et al v. Crescent Electrical Supply Co., et al" on Justia Law

This appeal arose out of a maritime accident where a vessel owned by Bertucci hit the Leo Kerner bridge in Louisiana. Claimants, residents of an affected community, argued that they suffered damages as a result of the accident. The court affirmed the district court's dismissal of the claims, holding that the case was barred by Supreme Court and circuit precedent. The law of this circuit did not allow recovery of purely economic claims absent physical injury to a proprietary interest in a maritime negligence suit. Claimants failed to point to any facts that might plausibly state a claim for physical damages of any kind. View "In Re: Bertucci Contracting" on Justia Law

Plaintiffs sued for a declaratory judgment that the lien on their homestead was void and that the mortgage holder was required to forfeit all principal and interest. Plaintiffs also sought damages for defamation. The court concluded that plaintiffs' claims were time-barred under Tex. Const. Art. XVI 50(a)(6); because there was no evidence or allegation of defendants' attempting to conceal information, and because the facts that gave rise to any claims were obvious and not hidden, the doctrine of fraudulent concealment did not apply in this instance to estop the lenders' assertion of the limitations defense; because the loan was valid, and plaintiffs were delinquent, the statements at issue were true and no defamation occurred; the court rejected plaintiffs' claim that the statute of limitations barred only remedies; and the district court did not abuse its discretion in striking the amended complaints. Accordingly, the court affirmed the judgment. View "Priester, Jr., et al v. JP Morgan Chase Bank, N.A., et al" on Justia Law

Claimant appealed an order of criminal forfeiture. Claimant is the minor child of Omar Alvarez, who pleaded guilty to drug charges and in his plea agreement, agreed to forfeit his interest in certain property, which he admitted to using in furtherance of the conspiracy. Because the petition was untimely under 21 U.S.C. 853(n)(2), the court affirmed the dismissal of claimant's claim. View "United States v. Alvarez" on Justia Law

Levy Gardens appealed the district court's decision ordering Commonwealth to pay Levy Gardens pursuant to Levy Gardens' title insurance policy with Commonwealth. The court held that the district court did not err in concluding that Levy Gardens had coverage under the insurance policy and that Levy Gardens did not violate the conditions of the policy in a manner prejudicial to Commonwealth. The district court did not err in concluding that the insurance policy provided coverage for only the diminution in value of title to the property resulting from the zoning encumbrance. The district court's findings that Commonwealth's actions were not arbitrary and capricious and Commonwealth made its assertions in good faith were reasonable and supported by the record. Therefore, the court held that the district court did not manifestly err by declining to impose penalties to Commonwealth. Accordingly, the court affirmed the judgment. View "Levy Gardens Partners 2007, LP v. Lewis Title Ins. Co." on Justia Law

Mariner's Cove Townhomes Association appealed the district court's grant of summary judgment on the pleadings for the United States. The district court held that the Association was not entitled to just compensation for the diminution of its assessment base resulting from the government's condemnation of fourteen properties in the Mariner's Cove Development. The court found that the Association's right to collect assessments was a property interest, but the loss of the Association's assessment base was incidental to the condemnation and was barred by the consequential loss rule. Accordingly, the court held that the loss of the Association's right to collect assessments on those properties was not compensable under the Takings Clause of the Fifth Amendment. View "United States v. Land" on Justia Law

Homeowners, who were represented by the Mostyn Law Firm, filed claims against State Farm in Texas state court after Hurricane Ike. State Farm removed several cases to federal court on diversity grounds. The Firm and State Farm then entered into an agreement whereby the Firm promised to abandon its clients' claims against individual adjusters and forgo suing them in the future in exchange for State Farm's promise not to remove any Hurricane Ike cases to federal court. At issue on appeal was whether the phrase "any Hurricane Ike cases," in a contract covering "all Hurricane Ike cases that either have been filed or will be filed in the future," encompassed class-action lawsuits. The court affirmed and agreed with the district court's conclusion that the negotiated contract covered all past, present, and future lawsuits filed by the Firm against State Farm on behalf of homeowners, as individuals or part of a class, whose properties were damaged during Hurricane Ike. View "Horn, et al v. State Farm Lloyds" on Justia Law

This case concerned the remedy under Louisiana law for the purchaser of a newly constructed home with a construction defect that has not resulted in actual physical damage to the home. The court held that the Louisiana New Home Warranty Act, La. Rev. Stat. Ann. 9:3141, 9:3150, provided the exclusive remedy against a builder for a purchaser of a new home. The court also held that a claim brought under the Act must allege that the defect in question resulted in actual physical damage to the home. Accordingly, the court affirmed the judgment of the district court dismissing the case. View "Gines v. D.R. Horton, Inc., et al" on Justia Law