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Tuesday, September 17, 2024

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TX League of Women Voters participates in National Voter Registration Day; Trump's golf outings have long concerned Secret Service; Palm Beach County schools tackle post-pandemic chronic absenteeism; College students press Israeli divestment campaign as the school year begins.

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Washington considers the need to tone down anti-Trump rhetoric. Senate Democrats are likely to force a second vote on a national right to in-vitro fertilization, and Trump allies repeat falsehoods about migrants amid bomb threats in OH.

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Rural voters weigh competing visions about agriculture's future ahead of the Presidential election, counties where economic growth has lagged in rural America are booming post-pandemic, and farmers get financial help to protect their land's natural habitat.

Court's 'home equity theft' ruling helps homeowners in NE, nationwide

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Tuesday, September 17, 2024   

A year-old U.S. Supreme Court case means relief for two Nebraskans who faced losing their homes and all the equity they had built, when investment firms bought their property for unpaid property taxes.

Legal Aid of Nebraska, with Pacific Legal Foundation as lead counsel, appealed a Nebraska State Supreme Court ruling saying the homeowners were not entitled to the equity in their homes.

In Pacific Legal's landmark 2023 case, Tyler v. Hennepin, the U.S. Supreme Court ruled homeowners in such a situation must be paid for any surplus equity, after taxes and fees. It vacated the decision of the Nebraska Supreme Court, which, upon revisiting the case, concluded the Nebraska homeowners must receive "just compensation" for their equity.

Christina Martin, senior attorney for the Pacific Legal Foundation, said the Tyler decision could open doors for others similarly affected.

"The bottom line is, people who think they have a claim should reach out to Legal Aid of Nebraska," Martin urged. "They could also reach out to property rights attorneys, eminent domain attorneys. And ultimately, this decision is going to protect Nebraska's weakest population the most."

Martin explained, subject to states' statutes of limitations, the Tyler decision is fully retroactive. She added tax foreclosures disproportionately affect older or low-income homeowners, or those with medical conditions. In 2023, several years after the two cases were initiated, Nebraska law was changed to require homeowners to receive any surplus equity in delinquent property tax sales.

Caitlin Cedfeldt, staff attorney of the Housing Justice Project for Legal Aid of Nebraska, said it's a victory for the two homeowners and all Nebraskans.

"It is still possible for someone to lose their home, but if they are going to lose the home, they are going to at least get the equity out of it," Cedfeldt explained. "It's kind of incredible that both of these elderly clients will have a chance maybe at keeping their homes."

Cedfeldt pointed out it was the first case Legal Aid of Nebraska filed before the U.S. Supreme Court.


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