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Case Citations [i] (July 2016 through April 2017)

handle is hein.ali/relwprpty0252 and id is 1 raw text is: PROPERTY DIVISION 1. INTRODUCTION CHAPTER 1. DEFINITION OF CERTAIN GENERAL TERMS § 5. Interest Or.App.2016. Cit. and quot. in sup. Bank that purchased foreclosed property at a trustee's sale brought an action against foreclosed owner and others, seeking possession of the property 28 days after providing defendant with notice to surrender possession. The trial court entered judgment for plaintiff. Reversing, this court held that defendant was entitled to 30 days' notice under Oregon statutory law. The court looked to the definition of interest in property set forth in Restatement of Property § 5 before concluding that, because defendant possessed an interest in property that the grantor created voluntarily under Oregon statutory law, she was entitled to the protection of the 30-day-notice provision. Bank of America, NA v. Wilson, 366 P.3d 1193, 1196. § 7. Possessory Interests in Land Colo.App.2015. Cit. in sup. Metropolitan district brought an action seeking a declaratory judgment and an injunction barring sheep owner from allowing his sheep to graze on property owned by district. The trial court issued an order declaring that plaintiff could lawfully bar defendant's sheep from its property and enjoining defendant from allowing his sheep to go onto plaintiff's property. This court affirmed, holding that the power to own property was among the express powers granted to metropolitan districts in Colorado. Citing Restatement of Property § 7, the court added that property ownership generally included the power to exclude others. Aspen Springs Metropolitan District v. Keno, 369 P.3d 716, 720. Idaho, 2016. Quot. but dist. Client brought a legal-malpractice claim against law firm that drafted her property settlement agreement in her earlier divorce proceedings, alleging that defendant negligently drafted the agreement by failing to include the instrument number of a mortgage held by plaintiff's husband, as well as a legal description of property that was subject to the mortgage loan. The trial court granted summary judgment for defendant. This court affirmed, holding that, even if the mortgage information that plaintiff contended was lacking in the agreement had been included, the mortgage would still not have been considered real property subject to a judgment lien under Idaho law. During the course of its discussion, the court cited Restatement of Property § 7 in concluding that a mortgage was personal property, rather than real property. McKay v. Walker, 369 P.3d 926, 930. Wash.2016. Subsec. (a) quot. in sup. Mortgagor whose loan was secured by a deed of trust brought an action against mortgagee's loan servicer that had plaintiff's locks changed without notice upon plaintiff's default. The district court certified to this court two questions regarding Washington law. This court answered one of the questions in the negative, holding that an agreement entered into by mortgagor and mortgagee prior to default that allowed the mortgagee to enter, maintain, and secure the property prior to foreclosure contravened Washington law, which prohibited lenders from taking I euIIJI For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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