In New York,
blight fright is turning lenders into landlords with unintended consequences
1307 , Duty to maintain foreclosed property , effective April 14, 2010, changes
fundamental property rights as we know them in New...
New York State has passed foreclosure statutes
which will impose considerable delay upon the mortgage foreclosure process and
create numerous new opportunities for borrowers and other defendants to contest
the foreclosure case. The law will also expose...
REAL CASES IN REAL ESTATE
By Andrea Lee Negroni, Esq.
Minnesota Neighbors' Boundary Dispute Results in Grant of
Adverse Possession and Redrawing of Boundary By Practical Location .
The New Guide to
Troubled Commercial Real Estate Loans for Lenders and Borrowers is available at the LexisNexis Store
Liability : Why do you say that
lender liability, to some degree, is old news?
Suggestions : In your book...
The Davis-Bacon Act (the "Act") requires payment of "prevailing
wages." See 40 USC Section 3142(c) . The minimum wages to be
paid are those that the Secretary of Labor determines to be prevailing for...
Many cases are pending in state and federal courts from Virginia through
Louisiana over damages caused to homes built with Chinese Drywall. While
the Consumer Product Safety Commission continues a massive investigation into
11. Jaworski on the Mortgage Reform and Anti-Predatory Lending Act
In this Analysis, Robert M. Jaworski examines the Mortgage Reform and Anti-Predatory Lending Act (MRAPLA) (in Dodd-Frank Act), including the significant changes that it makes to the...
There is an interesting post on the PropertyProf Blog called " The IKEA Effect And Locke's Theory Of Property ."
While the subject matter is pretty heady and academic, one of the
questions it asks is interesting: Do we have a greater...
By Drew K. Kapur
Once-sanguine projections of recovery have given way to
less-favorable economic forecasts. According to Colliers International,
"Regional market conditions were flat during the second quarter of
2011. Similar to the trends...
The Wall Street Joural Law Blog had an interesting article -- " Private Owners Of Public Spaces In 'Occupy Wall Street's' Wake "
-- on the property that the so-called 99%ers are actually occupying in
the Wall Street area. Parks...
Maryland Court Affirms Self-Help via Lock-Out but Reverses Conversion
Claim Related to Resident's Belongings
The Maryland court of appeals will not recognize an
impermissible forcible entry when a foreclosure purchaser's lawful possessory...
By M. Kevin McCusty , Margaret "Ann" Ann Brown , R. Craig Fitzenreiter , Kimberly Hargrove and Jackson W. Prentice
Indemnity deeds of trust (IDOTs) have historically been used in commercial finance transactions secured by real property located...
As anyone who reads Construction Law Musings on even an irregular basis knows, I am a major advocate of getting everything ( especially change orders )
in writing. This is particularly true where your construction contract
documents require written...
Most in the construction industry are aware of the many claims that have
surfaced in the last few years concerning defective drywall originating from
China that has resulted in a rash of homeowner claims of property and personal
As any of you that read this construction law blog realize, the Virginia mechanic's lien statute is near and dear to my heart. Because of the already picky and statute driven nature of these powerful but detail oriented tools of collection, any change...
BY: J.P. MCGUIRE BOYD, JR. Fifteen months after the Federal Reserve Board proposed its initial ability-to-repay rule as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, no final rule has been adopted due in large part to...
Courts Will Likely Face Increased Caseload
Giving an early Christmas present to distressed homeowners, the Supreme Judicial Court ruled last month that a foreclosed upon homeowner may challenge a bank’s title and foreclosure sale irregularities...
Cases in Real Estate
is a weekly update on real estate law, with legal principles illustrated and
explained by lawsuits from around the country. The topics are wide-ranging for
appeal to a broad spectrum of readers including lawyers, homeowners...
Not all counties are created equal when it comes to zoning. Recently, I’ve been involved in a number of zoning disputes in different Indiana counties. It’s remarkable to me that a farm situated on a county line—as many farms are—will...
Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners,...
By Richard D. Vetstein, ESQ
I always look forward to recapping the year that was, and bringing out the crystal ball to predict the year ahead. This year, like years prior, was an active year for Massachusetts real estate law, with several important...
By John C. Lynch , David N. Anthony , Ethan G. Ostroff and Maryia Y. Jones
Courts nationwide have seen a groundswell of lawsuits by borrowers predicated on loan servicers' decisions not to provide loan modification relief under the Home Affordable...
By the Consumer Financial Services Group
A lender's oral promise to postpone a foreclosure sale of a borrower's home is a "credit agreement" that must be in writing to be enforceable under the Minnesota Credit Agreement Statute...