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Real Property

Every decision we've filed under Real Property.

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Apr 24 2026
9th Cir. 2:22-cv-09426-JWH-JC Unpublished

STILLWELL V. CITY OF LOS ANGELES, ET AL.

The Ninth Circuit affirmed the dismissal of a pro se landlord-tenant dispute complaint for failing to provide a short and plain statement of the claim under Federal Rule of Civil Procedure 8. The court held that the district court properly denied leave to amend because further amendments would be futile given the plaintiff's prior failures to cure pleading defects.

Civil Real Property
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Apr 24 2026
9th Cir. 2:25-cv-01823-KKE Unpublished

Nguyen v. U.S. Bank National Association, et al.

The United States Court of Appeals for the Ninth Circuit dismissed an appeal regarding the denial of a temporary restraining order in a foreclosure dispute. The court held that the denial of a temporary restraining order is not reviewable on appeal unless it is tantamount to the denial of a preliminary injunction.

Civil Real Property
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Apr 20 2026
5th Cir. 25-30535 Per Curiam

Harris v. Louisiana State

The Fifth Circuit affirmed the dismissal of a condemnation appeal filed by pro se appellants, ruling their arguments were forfeited and frivolous. The court held that the appellants failed to address the merits of the district court's decision or cite relevant legal authority to support their claims.

Civil Forfeiture / Penalty Real Property
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Apr 15 2026
11th Cir. 8:25-cv-00711-MSS-CPT Per Curiam

The Bank of New York Mellon v. Gedeon

The Eleventh Circuit affirmed a district court order remanding a foreclosure dispute to state court because the defendant's removal was untimely. The court held that the defendant failed to file the notice of removal within the statutory thirty-day window.

Civil Real Property
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Apr 15 2026
11th Cir. 9:22-cv-81914-WM Per Curiam

Romade Asset Partners, L.P. v. Lester

The Eleventh Circuit dismissed an appeal concerning the partition of heirs property under Florida law. The court held that the district court orders appealed were not final decisions because further proceedings were required under the statute.

Civil Real Property
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Apr 2 2026
7th Cir. 24-3252 Panel Decision

ROBERT W. BARKER and UNITED STATES OF AMERICA v. EDWARD BOETTCHER and BEVERLY BOETTCHER

The Seventh Circuit affirmed a district court order that remanded a state property dispute to state court while retaining a separate subpoena enforcement proceeding in federal court. The court held that the federal officer removal statute allows federal agencies to remove only ancillary proceedings involving their employees, not the underlying state-law case.

Civil Real Property
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Mar 31 2026
11th Cir. 3:24-cv-01290-HES-LLL Panel Decision

HSBC Bank USA, National Association as Trustee for the Certificateholders of the MLMI Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-AF1 v. Kenneth Elsmann, Cynthia Palacios

The Eleventh Circuit lacks jurisdiction to review a district court order remanding a foreclosure action to state court. The court granted the motion to dismiss the appeal regarding the remand order but will carry the issue of jurisdiction regarding the denial of reconsideration to the merits panel.

Civil Real Property
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Mar 26 2026
3rd Cir. 25-2009 Panel Decision

GLENN HARDEN v. ABSOLUTE HOME MORTGAGE CORPORATION; CALIBER HOME LOANS INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (MERS); MERSCORP HOLDINGS, INC; ICE MORTGAGE TECHNOLOGY; NE...

The Third Circuit affirmed the dismissal of a pro se complaint alleging violations of federal consumer protection laws, ruling that the claims were barred by the statute of limitations. The court also held that the criminal statutes cited by the appellant provided no private right of action for civil relief.

Civil Consumer Protection Real Property Statute of Limitations
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Mar 23 2026
11th Cir. 1:24-cv-00109-JRH-BKE Per Curiam

Denhardt v. Wells Fargo Bank N.A.

The Eleventh Circuit affirmed the district court's dismissal of a plaintiff's claims for excess funds from a tax sale, holding that a security deed holder is entitled to those funds under Georgia law. The court determined that statutory language explicitly designates security deed owners as 'owners' eligible for distribution before other claimants.

Civil Contract Motion to Dismiss Real Property
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