Property Cases

Question 1

Murphy v. Financial (non-judicial foreclosure)

Answer 1

The bank successfully forecloses. It advertises the foreclosure auction only minimally, and it is the only buyer at the sale. It buys the house for only what is owed on it ($40,000) even though fair value is closer to $100,000. The bank did not exercise due diligence, so he is entitled to this ~$60,000 from the bank.

Question 2

Burgess v. Shiplet (J1) (Installment Land Sale K)

Answer 2

Buyer makes most of the payments on an installment land sale contract but defaults a few months before completing payments. Court holds that the buyer has no equity in the home and buyer will not receive the deed.

Question 3

Bean v. Walker (J2) (Installment Land Sale K)

Answer 3

Buyer defaults on an installment land sale contract after having made payment for several years. The buyer is the equitable owner of the property, and as such, has two rights: (1) the right to recover equity in the property in the event of a sale, and (2) the right to exercise a power of redemption in the event of a default.

Question 4

Shaare Tefila v. Cobb (Civil Rights Act of 1966)

Answer 4

The Civil Rights Act intended to protect marginalized groups from discriminatory interference with property rights. Jews are one such marginalized group. Therefore, the synagogue can maintain a cause of action against synagogue vandals under this Act.

Question 5

Fair Housing Council v. Roommate (Fair Housing Act)

Answer 5

The Act does not apply to individuals advertising for a roommate to share a unit with. To do so would be too much government intrusion into private lives.