Real Estate Law

Recent Posts

Mandatory Mediation Program for Superstorm Sandy Claims Instituted In New Jersey
Posted on 10 Apr 2013 by LexisNexis Real Estate Law Community Staff

The New Jersey Department of Banking & Insurance just issued a significant new Hurricane Sandy-related order that will affect nearly all insurers doing business in the State of New Jersey. It requires insurers to participate in a mediation program... Read More

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – April 26th, 2013 Update
Posted on 26 Apr 2013 by Andrea Lee Negroni

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,... Read More

New York Federal Court Holds That September 11th Was An “Act Of War” For Building Damage Near WTC
Posted on 11 Apr 2013 by Randy J. Maniloff

By Randy J. Maniloff, White and Williams, LLP In the immediate aftermath of the September 11, 2001 attacks, there was intense political pressure on the insurance industry not to invoke the "war risk" exclusion contained in any responsible... Read More

Alaska Landowners Fight Dismissal of Land Seizure Case
Posted on 11 Mar 2013 by William Perry Pendley

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation Property owners in Juneau and Seward, for themselves and others throughout Alaska, have responded to attempts by State of Alaska Department of Natural... Read More

Cattle Owners Seek Review of Adverse Decision On Water Grazing Rights
Posted on 13 Mar 2013 by William Perry Pendley

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A western, nonprofit, public-interest legal foundation with decades of experience defending the rights of westerners against the federal government... Read More

When Can Foreclosing Lenders Be Accused Of Acting In Bad Faith?
Posted on 26 Mar 2013 by Peter J. Gallagher

In a recent decision, the Chancery Division denied a lender's motion to strike a borrower's contesting answer in a foreclosure lawsuit, holding that the borrower had adequately pled a claim that the lender acted in bad faith. While this decision... Read More

Vetstein Law Group: GMAC Mortgage and First American Battle At SJC Over Title Insurance Coverage
Posted on 29 Apr 2013 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ Rejects "In For One, In for All" Theory in Title Insurance Coverage One little mistake in drafting and recording legal documents during a refinance can result in a huge problem for a lender - such as the lender... Read More

Working Without a Safety Net: Can Subcontractors and Suppliers Still Sue an Owner for Quantum Meruit and Unjust Enrichment in Virginia
Posted on 11 Apr 2013 by Williams Mullen

By Robert E. Travers, IV Subcontractors and suppliers provide labor, equipment or materials on construction projects without direct contractual relationships with the project owner, the ultimate beneficiary of that work, equipment and materials. In... Read More

Don’t Change The Risk By Adding New Construction Without Additional Insurance
Posted on 18 Apr 2013 by Barry Zalma

In Seneca Insurance Company, Inc., Plaintiff-Appellant-Respondent v. Cimran Co., Inc., et al., Defendants-Respondents-Appellants. , No. 9226 (N.Y.App.Div. 04/09/2013), [ enhanced version available to lexis.com subscribers ], the parties brought an appeal... Read More

Ballard Spahr Legal Alert: Federal Banking Agencies Issue Flood Insurance Guidance
Posted on 16 Apr 2013 by Ballard Spahr LLP

By the Ballard Spahr LLP Mortgage Banking Group The federal banking agencies, together with the Farm Credit Administration, have issued joint guidance on amendments to the Flood Disaster Protection Act of 1973 (FDPA). The amendments were part of the... Read More

Contractor’s Beware – Careful What You Say: It May Be Actionable Defamation
Posted on 1 Apr 2013 by Vandeventer Black LLP

By Neil Lowenstein The Virginia Supreme Court recently held that a contractor could sue a competitor for defamation for asserting to the plaintiff contractor's client that the plaintiff contractor told the competitor he was going to "screw"... Read More

Don’t Leave Retainage on the Table
Posted on 24 Apr 2013 by Christopher G. Hill

Here at Musings, the contract is king and most of the time, the Virginia state and federal courts will not imply a right of action from a statute that does not specifically create one. Furthermore, as a general rule, contracts are strictly enforced and... Read More

More Courts Reject Eleventh-Hour Attempts To Avoid Foreclosure Based On An Alleged Lack Of Standing
Posted on 30 Apr 2013 by Peter J. Gallagher

Two more Appellate Division panels have refused to allow defendant's in foreclosure lawsuits to raise standing as an eleventh-hour defense. As we previously reported -- Changing Tide in Forclosure Litigation? Courts Taking Closer Look When Defendants... Read More