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If a Landlord Wants to be Absolved from Liability for its Leaky Roof, the Lease Must be Drafted to Clearly Exempt the Landlord from Such Liability
Posted on 23 Mar 2009 by Ted Zwayer

A landmark case is defined in Ballentine's Law Dictionary as “A reported case of great importance in establishing a legal proposition of law.” While the recent decision of the Supreme Court of Virginia in Landmark HHH, LLC v. Gi Hwa Park... Read More

Is the Mortgage Predatory?
Posted on 21 May 2008 by Peggy Goodman

Many homeowners receive solicitations to refinance their homes or to take home equity loans. The solicitations come in the mail, making it sound as if monthly payments would be greatly reduced and that the homeowner would be left with extra money to pay... Read More

Lessees’ Rights on Foreclosure and on Sale
Posted on 19 Jun 2008 by AME3bg

When real property is sold during the term of a lease, the rights and responsibility of the lease apply to the tenant and new owner; however, a foreclosure judgment will terminate the lease, particularly if the lessee is named as a defendant in the foreclosure... Read More

Commercial Mortgage Foreclosure
Posted on 8 May 2008 by AME3bg

If a commercial borrower falls behind on commercial building payments, the lender can declare a default and foreclose on the property. The execution of a mortgage or deed of trust creates a security interest in the property that gives the lender the right... Read More

Reverse Mortgages
Posted on 19 May 2008 by Peggy Goodman

Robert Wagner, the heartthrob actor from the 60s, is on television promoting reverse mortgages. Surely, he does not need one. The question is, "Who does?" Reverse mortgages present a fair deal to many, but not all seniors, who have purchased... Read More

California Provides Assistance to Lenders and Landlords that Inherit Abandoned Pets after Foreclosures and Evictions
Posted on 3 Feb 2009 by Ted Zwayer

“How much is that doggie in the window? (arf! arf!), The one with the waggley tail (arf! arf!).” Those were the words to Patti Page’s hit 45 single in 1953 about a woman who wanted to buy a dog for her boyfriend so that he would not... Read More

Home Owners' Association Basics
Posted on 20 May 2008 by AME3bg

Home owners' associations ("HOAs") are usually non-profit corporations, set up to maintain a certain standard quality in the neighborhood. The aim is to keep property values in a condo building or subdivision as high as possible. HOAs are... Read More

Residential Real Estate Closing and Settlement Fees for Non-Existent Services are Prohibited under RESPA – But Excessive Fees are Not
Posted on 7 Jul 2009 by Ted Zwayer

A federal judge has ruled against an increasingly common practice of real estate brokers in Vicki Busby v. JRHBW Realty, Inc. , 2009 U.S. Dist. LEXIS 41720 (N.D. Ala., Apr. 20, 2009). The District Court ruled that the charging of unearned administrative... Read More

Has A California Landslide Decision Muddied the Ground that Supports Land Use Development Moratoriums?
Posted on 12 Jan 2009 by Ted Zwayer

In 1992, while many of today’s associates were preparing for a future of the Bluebook and Shepardizing by rooting for Emilio Estevez, as lawyer Gordon Bombay, to lead the Mighty Ducks to victory, the United States Supreme Court issued what was then... Read More

Housing Discrimination and Accommodation
Posted on 19 Jun 2008 by AME3bg

There are many legitimate reasons- such as a bad credit report, unstable employment history or bad prior landlord references- for a landlord to reject a tenant, but a landlord may not treat a tenant differently based on any of the following reasons: ... Read More

Is that Waiver of Mitigation that has Suddenly Appeared in that New Commercial Real Estate Lease Enforceable?
Posted on 27 Apr 2009 by Ted Zwayer

The obligation to mitigate damages for the breach of a contract is a staple of hornbook law. This obligation is so ingrained in our system of jurisprudence that most jurisdictions have refused to enforce contractual waivers of the obligation to mitigate... Read More

A Property Owner Has No Constitutional Right to Stop the Construction of a Neighboring Home that Obstructs Her Water View
Posted on 10 Aug 2009 by Ted Zwayer

If a local zoning code does not protect the water view from your home from obstruction by the construction of a “McMansion”, can you turn to the federal courts for relief? A federal court ruled this summer in Puckett v. City of Glen Cove ... Read More

Could You Repeat That, Please?
Posted on 30 Jan 2008 by AME3bg

Just starting out in the Real Estate field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Real Estate matters competently. Read on for a quick primer! Condemnation/Eminent Domain... Read More

Construction Law Overview
Posted on 8 Jan 2009 by AME3bg

Construction law is concerned with the relationships between construction professionals and property owners. Most laws governing construction are drawn from state statutes and cases. These state laws consist of construction-specific matters, such as right... Read More

The Changing Landscape of Eminent Domain Law in the Wake of Kelo
Posted on 30 Jan 2008 by AME3bg

In the Summer of 2005, the United States Supreme Court held in Kelo v. City of New London that local governments can take private property through eminent domain for the purpose of economic development and transfer ownership to other private entities... Read More

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  • Blog Post: The Changing Landscape of Eminent Domain Law in the Wake of Kelo

    In the Summer of 2005, the United States Supreme Court held in Kelo v. City of New London that local governments can take private property through eminent domain for the purpose of economic development and transfer ownership to other private entities that would put the land to a different use even when...
  • Blog Post: Could You Repeat That, Please?

    Just starting out in the Real Estate field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Real Estate matters competently. Read on for a quick primer! Condemnation/Eminent Domain : These terms refer to the process by federal...
  • Blog Post: Dealing with Zoning Problems

    Non-Conforming Use Existing properties are often used in a manner that is inconsistent with a new zoning ordinance. Such uses are referred to as "non-conforming" uses because they do not "conform" to the requirements of the zoning ordinance. A use may be non-conforming because...
  • Blog Post: Commercial Mortgage Foreclosure

    If a commercial borrower falls behind on commercial building payments, the lender can declare a default and foreclose on the property. The execution of a mortgage or deed of trust creates a security interest in the property that gives the lender the right to start foreclosure proceedings to force a sale...
  • Blog Post: Reverse Mortgages

    Robert Wagner, the heartthrob actor from the 60s, is on television promoting reverse mortgages. Surely, he does not need one. The question is, "Who does?" Reverse mortgages present a fair deal to many, but not all seniors, who have purchased their homes and now are in financial circumstances...
  • Blog Post: Home Owners' Association Basics

    Home owners' associations ("HOAs") are usually non-profit corporations, set up to maintain a certain standard quality in the neighborhood. The aim is to keep property values in a condo building or subdivision as high as possible. HOAs are run like any corporation, with a board of directors...
  • Blog Post: Is the Mortgage Predatory?

    Many homeowners receive solicitations to refinance their homes or to take home equity loans. The solicitations come in the mail, making it sound as if monthly payments would be greatly reduced and that the homeowner would be left with extra money to pay off other credit bills, to make home improvements...
  • Blog Post: Housing Discrimination and Accommodation

    There are many legitimate reasons- such as a bad credit report, unstable employment history or bad prior landlord references- for a landlord to reject a tenant, but a landlord may not treat a tenant differently based on any of the following reasons: Race Color Religion National origin Sex...
  • Blog Post: Lessees’ Rights on Foreclosure and on Sale

    When real property is sold during the term of a lease, the rights and responsibility of the lease apply to the tenant and new owner; however, a foreclosure judgment will terminate the lease, particularly if the lessee is named as a defendant in the foreclosure action. Lessee's Rights on Sale...
  • Blog Post: Has A California Landslide Decision Muddied the Ground that Supports Land Use Development Moratoriums?

    In 1992, while many of today’s associates were preparing for a future of the Bluebook and Shepardizing by rooting for Emilio Estevez, as lawyer Gordon Bombay, to lead the Mighty Ducks to victory, the United States Supreme Court issued what was then thought to be the definitive statement on regulatory...
  • Blog Post: California Provides Assistance to Lenders and Landlords that Inherit Abandoned Pets after Foreclosures and Evictions

    “How much is that doggie in the window? (arf! arf!), The one with the waggley tail (arf! arf!).” Those were the words to Patti Page’s hit 45 single in 1953 about a woman who wanted to buy a dog for her boyfriend so that he would not be lonely while she traveled to California. But in...
  • Blog Post: If a Landlord Wants to be Absolved from Liability for its Leaky Roof, the Lease Must be Drafted to Clearly Exempt the Landlord from Such Liability

    A landmark case is defined in Ballentine's Law Dictionary as “A reported case of great importance in establishing a legal proposition of law.” While the recent decision of the Supreme Court of Virginia in Landmark HHH, LLC v. Gi Hwa Park, 277 Va. 50 (Va. 2009), might be a landmark case...
  • Blog Post: Is that Waiver of Mitigation that has Suddenly Appeared in that New Commercial Real Estate Lease Enforceable?

    The obligation to mitigate damages for the breach of a contract is a staple of hornbook law. This obligation is so ingrained in our system of jurisprudence that most jurisdictions have refused to enforce contractual waivers of the obligation to mitigate damages. Recent cases in North Carolina and Ohio...
  • Blog Post: Residential Real Estate Closing and Settlement Fees for Non-Existent Services are Prohibited under RESPA – But Excessive Fees are Not

    A federal judge has ruled against an increasingly common practice of real estate brokers in Vicki Busby v. JRHBW Realty, Inc. , 2009 U.S. Dist. LEXIS 41720 (N.D. Ala., Apr. 20, 2009). The District Court ruled that the charging of unearned administrative brokerage commission (ABC) fees by real estate...
  • Blog Post: A Property Owner Has No Constitutional Right to Stop the Construction of a Neighboring Home that Obstructs Her Water View

    If a local zoning code does not protect the water view from your home from obstruction by the construction of a “McMansion”, can you turn to the federal courts for relief? A federal court ruled this summer in Puckett v. City of Glen Cove , 2009 U.S. Dist. LEXIS 58479 (E.D. N.Y. June 30, 2009...