JD Supra

“Clearing” the constructive trustee’s legal title: The doctrinal and practical considerations

The court in Freeport-McMoRan Oil & Gas LLC v. 1776 Energy Partners, LLC, 672 S.W.3d 391 (Tex. 2023) explained that “constructive trusts, being remedial in character, have the very broad function of ...
Law

Flexing the Muscles of the Court—Constructive Trust for Undisclosed Assets

One of the hallmarks of property settlement agreements is the requirement for full and fair disclosure of assets and income. The need for full disclosure is self-evident—one cannot knowingly give up a ...
JD Supra

Traceable economic value of fraudulently acquired property may be made the subject of a constructive trust: Two procedural equitable remedies, tracing and constructive trust ...

Assume fraudulent representations by the owner of a residence with multiple hidden material defects that the defects were non-existent induce Jones to purchase residence. Call that residence the “old ...
Law

Constructive Trust Claim Denied; Overstatement in Rent Demand Found Not De Minimus: This Week in Scott Mollen’s Realty Law Digest

In 2007, a plaintiff “faced foreclosure” on her home. She asked a long-time friend, defendant “A,” to purchase the home in “A’s” name, with the “understanding that (plaintiff) could potentially ...
The National Law Review

Texas Supreme Court Reverses Order in Trust Dispute Granting a Constructive

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