Timothy Sandefur, Principal Attorney at the Pacific Legal Foundation, discusses how the evolution of law in the United States has affected our property rights. Beginning with discussions of the founding fathers, Timothy describes how our rights, especially property rights, have eroded as a consequence of progressive ideas and judges. To reverse this cycle, Timothy states that we must strengthen the philosophical arguments of private property rights. ]]> http://www.realestatedefenseattorney.com/2012/01/30/property-rights-in-the-21st-century.html/feed 0 http://www.realestatedefenseattorney.com/2012/01/29/william-a-quigley.html http://www.realestatedefenseattorney.com/2012/01/29/william-a-quigley.html#comments Sun, 29 Jan 2012 11:15:59 +0000 Real Estate Defense Attorney http://www.realestatedefenseattorney.com/?page_id=122

The Kahane Law Legal Minute is brought to you by Jeff Kahane of Kahane Law in Calgary, Canada. www.KahaneLaw.com Do you have a legal question you’d like “The Kahane Law Legal Minute” to answer? Add your legal question in the comments below or contact us at legalminute@kahanelaw.com . WARNING: This presentation is for LEGAL INFORMATION ONLY. Laws will vary by jurisdiction. They also may change by legislation or court ruling. Each situation is different and no one rule applies to every situation so it is IMPORTANT for you to contact a lawyer to get legal advice specific to your situation. ]]> http://www.realestatedefenseattorney.com/2011/12/16/kahane-law-legal-minute---real-estate-transaction-hd.html/feed 0 http://www.realestatedefenseattorney.com/2011/12/15/winnie-stachelberg.html http://www.realestatedefenseattorney.com/2011/12/15/winnie-stachelberg.html#comments Thu, 15 Dec 2011 11:10:59 +0000 Real Estate Defense Attorney http://www.realestatedefenseattorney.com/?page_id=120

COLLIER COUNTY, Fla. – A bank foreclosure story you’ve got to see to believe. A Collier County couple turns the tables on Bank of America, the bank that tried to foreclose on their home. Now, the family is foreclosing on the bank! Even bringing trucks and deputies ready to seize property. The foreclosure nightmare started when Warren and Maureen Nyerges paid cash for a home owned by Bank of American in the Golden Gate Estates. They never had a mortgage whatsoever. But, the bank fouled it up and wound up issuing a foreclosure through their attorney. The couple took their case to court and after a year and a half nightmare the foreclosure was dropped. A Collier County judge said Bank of America has to pay the couple’s $2534 legal fees for the error. After more than five months the bank still hadn’t paid up. So, the homeowners’ attorney did just what the bank would do to get their money, legally seize their assets. “I instructed the deputy to go in and take desks, computers, copiers, filing cabinets, including cash in the drawers,” Attorney Todd Allen told WINK News. Outside the Bank of America on Davis Boulevard, several deputies stood by with movers ready to start hauling out the bank’s office supplies and furniture. Inside, the homeowners’ attorney was locked out of the bank manager’s office by deputies while the bank manger tried to figure out what to do. Allen says the manager was visibly shaken, “Having two Sheriff’s deputies sitting across your desk, and a lawyer … ]]> http://www.realestatedefenseattorney.com/2011/11/01/homeowner-forecloses-on-bank-of-america-.html/feed 0 http://www.realestatedefenseattorney.com/2011/10/31/george-d-stinebaugh.html http://www.realestatedefenseattorney.com/2011/10/31/george-d-stinebaugh.html#comments Mon, 31 Oct 2011 10:06:59 +0000 Real Estate Defense Attorney http://www.realestatedefenseattorney.com/?page_id=118

www.SunwestTrust.com — (800) 642-7167, Informative Blog about buying Real Estate through your IRA. Hi, this is Dustin White with Sunwest Trust. Today we’re filming our second edition of my video blog and we’re going to talk about purchasing real estate in your IRA. When purchasing real estate in your IRA, it’s very important to do it correctly. If not, it can cause problems for both you and your custodian and it can take a lot longer. If you follow these basic steps, it’ll make purchasing real estate in your IRA very simple and an easy transaction. The first thing you’re going to do is notify Sunwest Trust of your intent to purchase real estate. The next thing you’re going to want to do is negotiate the purchase price of the real estate. There’s several ways you can purchase property, if you purchase it from an individual or purchase it on a short sale or a foreclosed home or even purchasing on a real estate contract or a deed of trust, something like that. All of these things are going to be things that you’re going to want to consider before making the investment. So make sure that you figure out what you want to do and you negotiate all these things ahead of time. The next thing you’re going to want to do is make sure that the purchaser on the property is not yourself but your IRA. So all of the documents are going to be titled to Sunwest Trust, Custodian for Your Name, IRA, and then Sunwest Trust will eventually — when the closing time comes, Sunwest Trust will sign … ]]> http://www.realestatedefenseattorney.com/2011/09/17/sunwest-trust-video-blog--buying-real-estate-through-your-ira.html/feed 0 http://www.realestatedefenseattorney.com/2011/09/16/rep-tammy-baldwin-d-wi.html http://www.realestatedefenseattorney.com/2011/09/16/rep-tammy-baldwin-d-wi.html#comments Fri, 16 Sep 2011 10:00:59 +0000 Real Estate Defense Attorney http://www.realestatedefenseattorney.com/?page_id=116

Orlando as a modern city is a far cry from its humble, mysterious origins. Today it is known as a thriving metropolis, a large city with a volatile real estate market and a diverse economic base. Tourism, hospitality services, the entertainment industry, and national defense industrial plants drive its economy.

But the Orlando of old was a rural area, whose inhabitants operated sugar mills and citrus groves. It also played a major role in the Seminole Wars, which influenced its early culture and population.

Historians point to Orlando Reeves. Reeves died during the second Seminole War. He owned a sugar mill. When settlers discovered his name carved into a tree, they assumed it was his grave marking. Settlers took to calling the area Orlando, and the name stuck.

After the Civil War, Orlando experienced tremendous population growth. Citrus groves and sugar mills prospered, cattle ranching was a prominent occupation. The area settled as a registered town and became the county seat of Orange County in 1856. It was settled as a city in 1885.

As years passed the population steadily grew. Orlando’s identity and industrial strength took shape. In the 1920’s, during the Florida Land Boom, Orlando experienced a dramatic increase in housing development. The price for land and homes skyrocketed. The design and layout of modern Orlando and its surrounding areas is largely derived from this constructive period.

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But when a series of devastating hurricanes and then the Great Depression hit, the Florida Land Boom ended.

Following the Second World War, though, as the nation’s wealth grew, Orlando reemerged as a popular, tropical destination. Many GI’s visited and eventually settled there. The bolstered economy allowed the city to invest in urban development and various public projects. Then, in 1965, the plans to build Walt Disney World were announced. Since Disney World’s completion, Orlando has been a major tourist destination, an important American city with exciting cultural offerings.

All of these factors contributed to Orlando’s current state. The city’s population continued to increase–driven by tourism and steady manufacturing resources. In turn, its real estate market flourished. The real estate market’s upturn lasted until the early 21st century. But in 2005, signs of trouble appeared on the horizon.

Fueled by the demand for more high-end real estate, Orlando’s landscape grew crowded with expensive properties. For a time, these homes sold, and many investors and realtors remained confident in the market’s stability. Soon, though, the national economy experienced a swift downturn; people living in expensive homes could no longer pay their mortgages, and many properties fell into foreclosure. As the national economy dimmed in 2008, Orlando, and Florida at large, endured a taxing real estate downturn.

Opportunity rises from adversity. Three years of economic hardship, emboldened by the real estate market’s pitfalls, now present investors and realtors with fresh opportunities.

Property prices continue to fall. But soon they will stabilize. Many experts suggest that now is the time for investment. This benefits the individual as well as the economy. The individual invests in property. The housing market notices. The property increases in value over time. The individual, who buys now, later sits on a valuable asset. Again, the market notices. This process, if repeated successfully, will bolster the market at large.

Of course all parties must be judicious. Realtors, investors, and banks must learn from their mistakes. If caution and judgment work together with honest capitalism, the Orlando real estate market will once again reemerge as a national powerhouse.

Originally published here.

Bernard Madoff, who ran the biggest investment fraud in history, was allowed to settle civil fraud charges with the US Securities and Exchange Commission without having to admit any wrongdoing. Tuesday’s announcement left some legal experts dumbfounded over why the SEC — which has been roundly criticized for failing to detect the Madoff fraud — would settle the case without demanding the jailed swindler accept responsibility. “I am rather surprised that they would agree to a resolution or settlement where he doesn’t admit guilt in light of the enormity of the fraud, especially in light of the SEC being under so much criticism for being asleep at the switch,” said Bradley Simon, a criminal defense lawyer in New York not connected to the Madoff case. Madoff, who has pleaded guilty to a $65 billion investment scam, is set to be sentenced on June 29. He could spend the rest of his life in prison. Calls to the SEC were not immediately returned. The SEC said the former money manager is also barred from association with any broker, dealer or investment advisers. Madoff, 71, has been jailed since pleading guilty to criminal charges in March to a worldwide Ponzi scheme that investigators say bilked clients over 20 years. The SEC’s internal watchdog is currently investigating how the agency handled the case amid accusations that it missed warning signs and failed to uncover the scandal until Madoff’s sons went to authorities and told them he had confessed to the fraud. Michael … ]]> http://www.realestatedefenseattorney.com/2011/08/03/madoff-madness--real-estate-overdose.html/feed 0