LexisNexis® Legal Newsroom
Real Cases in Real Estate by Andrea Lee Negroni, Esq. & Nakiya Whitaker, Esq. – Aug. 16th Update

REAL CASES IN REAL ESTATE By Andrea Lee Negroni and Nakiya Whitaker BuckleySandler LLP alnegroni@buckleysandler.com 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...

Real Cases in Real Estate by Andrea Lee Negroni, Esq. – Dec. 6th Update

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, investors and the general public. Andrea Lee...

Vetstein Law Group: New Fannie Mae Condo Rules Over Pending Litigation Make Condos Harder To Sell

By Richard D. Vetstein, ESQ Litigation Over Condominium Construction Can Derail Financing It's always humbling to be quoted in a major real estate publication such as Inman News. Last summer, I wrote about the nasty effect of the newer pending litigation Fannie Mae condo rules. Steve Bergsman...

Vetstein Law Group: Crazy Trustees, No Pet Rules & Leaky Roofs: Things To Consider When Buying A Massachusetts Condominium Unit

By Richard D. Vetstein, ESQ Buying a Massachusetts condominium unit is VERY different from buying a single family home. A lot of buyers don't appreciate the difference, unfortunately, until they have lived in the condominium for a short time. From crazy condo trustees (remember the Del Boca...

Vetstein Law Group: Move That Condo! Court Orders Removal Of Encroaching Building

By Richard D. Vetstein, ESQ Adverse Possession Bites Condo Developer In The You-Know-What The case of Brandao v. Docanto (embedded below), handed down by the Appeals Court on August 18, 2011, is a real doozy. The Court ordered a condominium developer to remove his entire building which encroached...

Ballard Spahr LLP: Second Circuit Reverses Bacolitsas Decision in Rare Win for Condo Developers

By Joseph E. Lubinski and Patrick H. Pugh A condominium developer has garnered a significant victory in a dispute with a buyer as the result of a decision by the U.S. Court of Appeals for the Second Circuit. In Bacolitsas v. 86 th & 3 rd Owner, LLC [ enhanced version available to lexis.com subscribers...

No Insurance For Land Developer and Condo Board Member For Attempt To Rezone Condo Real Estate For Casino

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in State Farm Fire& Cas. Co. v. Anderson , 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Southern...

Caveat Venditor – Let the (Real Estate) Seller Beware: Consumer Protection Procedures Act Strikes Again in the District of Columbia

By Roger D. Winston, Shelah F. Lynn, and Timothy P. Martin A recent court decision emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in the District of Columbia, as well as in other jurisdictions with similar consumer protection...

D.C. Court of Appeals, Nevada Supreme Court Extinguish Lender's Mortgage Lien Following Association Lien Foreclosures

By Roger D. Winston and Joseph E. Lubinski A recent decision by the District of Columbia Court of Appeals, [ enhanced version available to lexis.com subscribers ], brings into renewed focus the tension between condominium/homeowner associations and lenders when it comes to payment of delinquent...

Condominium Unit Sales Exempt from Registration under ILSFDA

By Christopher W. Payne, Roger D. Winston, Timothy P. Martin, and Joseph E. Lubinski The sale of condominium units will no longer be subject to the registration requirements of the Interstate Land Sales Full Disclosure Act (the ILSFDA), [ enhanced version available to lexis.com subscribers ], under...

Appeals Court Puts Brakes On Condominium Rolling Super Lien Practice

Ruling Hurts Condominium Associations’ Collection Efforts The Massachusetts Condominium Act gives condominium associations the ability to file a “super-lien” for unpaid monthly condominium fees, six months of which is given priority over a first mortgage against the unit. The...

$1.85 Million Verdict Upheld Against Demoulas In-Law In Back Bay Condo Squeeze Out

By Rich Vetstein One of Largest Verdicts In A Condominium Dispute In a David vs. Goliath case pitting a Demoulas family heir against an elderly Brandeis professor over a tony Back Bay townhouse, the Appeals Court has let stand a $1.85 Million jury verdict — one of the largest awards in a...

New Utah Law Prohibits Unequal Treatment of Rental Units by Homeowners Associations

By Thomas G. Bennett and Melanie R. Clark Recent revisions to Utah law clarify the role and authority of homeowners associations in restricting owners’ renting out of their units, and may require associations to take action to comply. House Bill 98 , signed into law this spring, [ enhanced...