Posts by The Jurist Law Group

As the coronavirus continues to impact our nation and the world, and as you continue to adjust your lives and operations to the new realities of this pandemic, The Jurist Law Group, PLLC is here to offer that much needed “constant” amid a sea of panic-driven uncertainly. We have embraced and leveraged technology to facilitate…

245,864 residential properties in the United States were flipped in 2019, up 2% from 2018 to the highest point since 2006, as reported by ATTOM Data Solutions.  Real estate investing continues to rise as more and more people see that real estate is a keystone to wealth and a catalyst for financial growth. Although investing…

On March 20, 2019, the United States Supreme Court (“Court”), in a unanimous (9-0) decision in Obduskey v. McCarthy & Holthus LLP, 586 U.S. ___ (2019), held that a business engaged in no more than non-judicial foreclosure proceedings is not a “debt collector” under the federal Fair Debt Collection Practices Act (“FDCPA”), except for the…

On May 25, 2018, the Supreme Court issued an opinion (Tarr v. Timberwood Park Owners Ass’n, 61 Tex. Sup. Ct. J. 1174 (2018)) that, in the age of short-term vacation rentals like Airbnb, resonates with homeowners, renters, and HOA’s alike. In this case, a homeowner entered into 31 short-term rental agreements on his property, ranging…

As recently reported by The Oregonian on June 18th, “[a] Portland-area attorney has managed to secure a sweet deal on a four-bedroom house in Clackamas – rent set at $1,550 a month in perpetuity…The market rate for similar homes in the ‘excellent’ neighborhood is more than 50 percent higher, surpassing $2,300 per month.”  How did…

For those homeowners staring down the barrel of a foreclosure, filing for bankruptcy may be a tempting fix.  But, tempting as it may be, those considering bankruptcy as a means to thwart foreclosure should strongly consider otherwise. Just a little cursory overview of bankruptcy – the Bankruptcy Code is housed within Title 11 of the…

All homeowners should take the appropriate steps to prevent this pervasive scam from hitting close to home: “Fake homeowners association files liens against Missouri homeowners.” Arm yourself with information. It’s important that homeowners become familiar with their homeowners’ association (“HOA”) which, as a representative for the homeowners within a given community, is responsible for the community’s maintenance…

Kelo v. City of New London, a must-read Supreme Court case regarding property rights, has received a flurry of negative treatment since its genesis in 2005 for its expansion of eminent domain, allowing private developers and the government to collude and forcibly take private property away from citizens for “public purpose” under the Takings Clause…

Today marks the 230th anniversary of the signing of our nation’s Constitution. On September 17, 1787, thirty-nine delegates signed the Constitution of the United States.  In James Madison: Origin of the Constitutional Convention, December 1835, James Madison wrote, “there never was an assembly of men, charged with a great and arduous trust, who were more pure…

“Hold tight to the words of the law…divining what the law is, not what the interpreter wishes it to be.” See Reading Law: The Interpretation of Legal Text (2012). This maxim captures the bedrock principal in legal interpretation: Bright lines and sharp corners promote clear legal remedies. When entering into a contractual relationship, it pays…