Frederic Bastiat once wrote that “property does not exist because there are laws, but laws exist because there is property.” There is possibly no segment of our economy which has spawned more laws than the real estate market. Legislation, whether …
Top Five Silliest Real Estate Laws: No. 5 – Minnesota’s Foreclosure Reconveyance Statute Read more »
A few years ago, with the housing market at its peak, many developers created housing developments known as “planned communities.” These neighborhoods were cities within cities, and they came complete with their own form of quasi-government, i.e., the homeowners association. …
Paradise Lost: What to Do With the Homeowners Association When the Developer Goes Down Read more »
Minnesota’s Torrens system of land registration can be a confusing one for those not familiar with it. This system, enacted in 1901 and based upon a 19th century Australian system of registering ships established by Sir Robert Torrens, requires interests …
Minnesota’s Torrens System: Clarity or Confusion? Read more »
When I’m consulting with potential clients on possible lawsuits, I often hear them say that “this case is a slam dunk.” When I hear this, I feel that it is my job, as someone with experience in handling legal disputes, …
Take the Truck, Leave the House: How External Factors Influence Legal Decisions Read more »
Current economic conditions continue to create obstacles for the purchase and sale of real estate. Although the first-time home buyer tax credit has spurred an increase in activity in residential real estate sales, the credit (which expires on December 1, …
Years ago, Minnesota Continuing Legal Education put on a seminar entitled “Mechanics Liens: Traps for the Unwary.” Truer words were never spoken. It seems that at least once a year there is a Minnesota court decision which adds another nuance …
“Lien on Me”: Minnesota Lenders Need to Take Note of Recent Mechanics Lien Case Read more »
As I write this from my home office in the suburbs of Minneapolis and St. Paul, Minnesota, the local T.V. station is live on air with nonstop coverage of another wild summer weather night here in Minnesota. The news reports …
A byproduct of the current real estate market is the need for lenders and other creditors to distinguish between a lien release and a lien satisfaction. Whether the lien at issue is a mortgage lien, a mechanics lien, a judgment …
I Can’t GIVE No Satisfaction (with Apologies to the Rolling Stones) Read more »