The biggest questions they always asked were: What would happen if the base closed (this was during a time when there was a lot of talk about spending cuts in defense).

To my surprise, Jonathan claimed no knowledge of this situation; I sensed some defensiveness on our call.The damage to the home was extensive enough to require two holes to be patched in the roof and a small hole in the bathroom ceiling to be repaired.

You really seem defensive of RE. 

This court has been very uneven on commerce/state/federal conflicts and there are two new justices.So...the risks do exist and "everyone was doing it" is ultimately not a very strong defense against a determined prosecutor.

All other things being equal, if you went with the 2nd applicant and the 1st applicant filed a Fair Housing Act discrimination suit against you, what would be your defense for not having picked the 2nd applicant?

Their defense: A condo/homeowner association is a private, contractual business relationship in which residents voluntarily sign away even Constitutional rights when they agree to be bound by the rules set by a community association board. 

How good is my defense where I say that they've been accepting half the rent all this while?

Then defense of indifference might apply. 

When down cycle happens lenders tend to go in a defensive position when they see a declining economy.

@James Masotti From a defense perspective, lack of case law isn't necessarily a bad thing.