Property Law

Regulatory Takings A regulatory taking occurs when government regulation of private property goes so far that, under the Constitution, the regulation is treated as a taking of property requiring compensation. The idea can seem surprising at first. Traditionally, a taking meant that the government physically acquired someone’s land. But modern Read more

The Taking Clause The Taking Clause is one of the most important constitutional protections of property rights in the United States. It limits the government’s ability to take or substantially interfere with private property and requires compensation when the constitutional requirements for a taking are satisfied. The clause appears in Read more

Eminent Domain 1. What Is Eminent Domain? Eminent domain is the government’s power to take private property for a public use, subject to the constitutional requirement that the property owner receive just compensation. In the United States, the constitutional foundation for eminent domain is the Fifth Amendment, which provides that Read more

Deficiency Judgments 1. What Is a Deficiency Judgment? A deficiency judgment is a court judgment allowing a creditor to recover the amount of a secured debt that remains unpaid after the collateral has been sold or otherwise applied to the debt. In mortgage law, the concept most commonly arises after Read more

Equitable and Statutory Redemption 1. What Is Redemption? In mortgage law, redemption refers to the borrower’s ability to recover or preserve the property by satisfying the secured debt under legally recognized conditions. Redemption reflects an important principle of property law: A mortgage is security for a debt, not an excuse Read more

Foreclosure 1. What Is Foreclosure? Foreclosure is the legal process by which a mortgage lender or other secured creditor enforces its interest in real property after the borrower defaults on the underlying obligation. In simple terms, foreclosure answers a basic question: What happens to the property when the borrower does Read more

Mortgage Priority A property can be subject to more than one mortgage, lien, or other competing interest. When that happens, an important legal question arises: Who gets paid first? The answer is determined by priority. Mortgage priority determines the relative ranking of competing claims against the same property. It can Read more

Mortgages in Property Law A mortgage is a legal arrangement in which real property is used as security for a debt or other obligation. The borrower receives financing, and the property serves as collateral. If the borrower fails to satisfy the secured obligation, the lender may have a legal right Read more

Eviction and Unlawful Detainer A landlord’s right to possession of property does not mean that a tenant can simply be removed whenever the landlord wants. When a tenancy ends or a tenant allegedly violates the lease, the landlord generally must follow a legally established process to recover possession. That process Read more