Real Estate Law Section

The section monitors, studies and proposes statutory developments in property law and keeps its membership updated by sending periodic e-newsletters. It also produces annual CLE programming for real estate lawyers and others.

Bradley Arant Boult Cummings LLP
P. O. Box 340025
Nashville, TN 37203

Supreme Court Backs Fair Housing Case

The Supreme Court today ruled that claims of racial discrimination in housing cases shouldn't be limited by questions of intent, National Public Radio reports. The court affirmed a Court of Appeals decision in a case in which a nonprofit group, the Inclusive Communities Project, said that the Texas Department of Housing and Community Affairs had contributed to "segregated housing patterns by allocating too many tax credits to housing in predominantly black inner-city areas and too few in predominantly white suburban neighborhoods." The 5-4 ruling endorses the notion of citing disparate impact in housing cases, meaning that statistics and other evidence can be used to show decisions and practices have discriminatory effects — without proving that they're the result of discriminatory intentions.

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First Tennessee to Pay Government $212.5 Million

First Tennessee Bank has agreed to pay $212.5 million after admitting to making bad mortgage loans. According to the U.S. Justice Department, the bank kept approving Federal Housing Administration loans for ineligible borrowers through its subsidiary, First Horizon Home Loans Corporation, between January 2006 and October 2008. When many of those loans later defaulted, the banks holding the loans were able to submit insurance claims to the U.S. Department of Housing and Urban Development for their losses. News Channel 9 has the story.

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