Articles Posted in Real Estate Litigation

cowboy hat and gun
by Michael Pezzulli1

In the United States, one of the great defining aspects of this country is the constitutional right to a jury trial. Nearly all-civil jury trials and ninety percent of criminal jury trials on the planet take place in the United States.2

The most stunning and successful experiment in direct popular sovereignty in all history is the American jury. Properly constrained by its duty to follow the law, the requirement of jury unanimity, and evidentiary rules, the American jury has served the republic well for over two hundred years. It is the New England town meeting writ large. It is as American as rock ‘n’ roll.

man holding house keys
By Michael Pezzulli

Business and Consumer Litigation Practice Skills Course presented to The State Bar of Texas, June 2016

Texas is extraordinarily lender-friendly when compared to other states. The ease with which a lender can gain title to a borrower’s real estate through nonjudicial foreclosure in Texas is unrivaled.

dark shadows on wall
By Michael F. Pezzulli

Discussion of the U.S. Supreme Court decision relating to concurrent jurisdiction in Racketeer Influenced Corrupt Organizations (RICO) claims. Presented to Dallas Bar Association, Business Litigation Section.

Federal courts are turning increasing attention to the continuity of the pattern of racketeering activity. The United States Supreme Court unanimously ruled in a 1990 case that state courts have concurrent jurisdiction over RICO claims.

judge's gavel
by Michael Pezzulli

How to defend against and prosecute foreclosures of real property in the State of Texas: 4th Annual Advanced Creditors’ Rights Course presented to The State Bar of Texas

This paper will address real property foreclosures and deficiencies under Texas law as compared to other states. Mention is made of the developing trends in this area as well as the current rules concerning non-judicial foreclosures and resulting deficiencies. Judicial foreclosures on real property are not discussed inasmuch as few lenders invoke the assistance of the Court when they can recover the property by trustee’s sale on the courthouse steps without so much as filing a petition in court.

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