Since one author, Adam Leitman Bailey, started practicing law 20 years ago, when a terrible court decision without any basis in law would arrive, we would be thankful that the Court of Appeals was in session and had the final word. Those days are gone and today’s Court of Appeals makes policy-based decisions rather than relying on precedent and the law even, as demonstrated below, it overturns two hundred years of precedence. This pattern has continued this year. In this article we analyze two decisions by the Court of Appeals and one by the U.S. Supreme Court.
In Faison v. Lewis,1 the Court of Appeals rocked the stability in the transfer of title by eliminating the statute of limitations from one entire category of cases.In Flushing Savings Bank v. Bitar,2 the court explained the rules for determining the proper deficiency judgment amount and appraisal requirements. In Jesinoski v. Countrywide Home Loans,3 the U.S. Supreme Court got into the act with a unanimous decision that will also negatively affect the stability of residential real estate transfers and lending
