Charles E. Rounds Jr., of Suffolk University Law School, has made available for download his article, “Tracing and recovering real estate wrongfully removed from trusts: End-running the full-faith-and-credit obstacle”, published in JDSUPRA. The abstract is as follows:
Judgments of the courts of the state where entrusted land is sited are binding on the courts of the other states with respect to the land. See 7 Scott & Ascher §184.108.40.206. A judgment of a court of a state other than the state where a parcel of real estate is located cannot “directly” affect interests in the land, although it may indirectly do so if it has personal jurisdiction over the claimants, such as by “imposing personal obligations on the parties over whom it has jurisdiction, enforceable by suit in the state of the situs…[of the land]…, or by application at the situs of the doctrine of res judicata or the doctrine of collateral estoppel.” 7 Scott & Ascher §220.127.116.11.
Posted by Anthony Tran, Associate Editor, Wealth Strategies Journal