Response to Jordan
The lender does not have the capability to foreclose Barney’s property at this point because the agreement is clear in these terms. The three tenants who bought the property have a joint ownership, as well as a survivorship. Because of this, although the deceased partner’s son defaulted a loan he procured against the interest of his father, the lender does not have the mandate to foreclose the property (Cloherty & Fox, 2006). Besides, the agreement allows the three joint owners to sell their shares at will without consulting the other shareholders. Due to this, I agree that there is a strong case against the lenders move to foreclose Barney’s property (Kubasek, Brennan, & Browne, 2012).
Secondly, Nickelodeon Family Resort has a weak case against Barney on their attempt to possess his property under eminent domain. Barney’s property can be taken from him under eminent domain if the intended use benefit that public, or the government. Nickelodeon Family Resort argue that they will compensate Barney and take over his property because they want to use it for the benefit of the public (Merrill, 2005). However, since this is a family resort, the clause of public use is likely to be a disadvantage to Nickelodeon Family Resort. I agree that Barney has a strong case.
Lastly, Barney is likely to win the case against the car dealer because the dealer did not follow the appropriate procedure required for stolen property. The law requires the finder to advertise the lost property before assuming ownership. Since this is the case, I feel that Barney has a good case and may win his property back (Kubasek, Brennan, & Browne, 2012).
References
Cloherty, A., & Fox, D. (2006). Proving A Beneficial Joint Tenancy. The Cambridge Law Journal , 65(03), 496.
Kubasek, N., Brennan, B. A., & Brown, M. N. (2012). The legal environment of business: a critical thinking approach (6th ed.). Upper Saddle River, N.J.: Pearson.
Merrill, T. W. (2005). How To Reform Eminent Domain. Planning & Environmental Law , 57(9), 9-10.
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