Real Estate Law

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Troutman Sanders LLP: Top Ten Changes to California Mechanic’s Lien Law
Posted on 18 Jul 2012 by Troutman Sanders

The California Legislature's complete recodification of the California mechanic's lien laws takes effect on July 1, 2012. 1 Here is a brief description of the top ten revisions to help those in the construction industry understand and comply with... Read More

Troutman Sanders LLP: Maryland Indemnity Deeds of Trust (IDOTs) to Become Subject to Recordation Tax
Posted on 18 Jun 2012 by Troutman Sanders

By M. Kevin McCusty , Margaret "Ann" Ann Brown , R. Craig Fitzenreiter , Kimberly Hargrove and Jackson W. Prentice On May 22, 2012, Maryland Governor Martin O'Malley signed into law the State and Local Revenue and Financing Act of 2012... Read More

Troutman Sanders LLP: Negotiating and Exercising Rights of First Refusal
Posted on 11 Sep 2012 by Troutman Sanders

By Sonia Kaur Bain , Daniel N. Anziska , Kevin P. Wallace and Clara W. Mak Including a Right of First Refusal (ROFR) provision in a lease or other real estate contract is significant since a holder of such ROFR has essentially locked in a future right... Read More

Troutman Sanders LLP: Construction Owner, General Contractor and Subcontractor Held Liable For Sub-Subcontractor Failure to Procure Required Liability Insurance
Posted on 2 Apr 2012 by Troutman Sanders

A recent decision by the Georgia Court of Appeals opens up a new (and potentially troubling) avenue for relief in cases involving personal injury and property damage caused by downstream subcontractors on a construction project. If not overturned, this... Read More

Troutman Sanders LLP: CFPB Releases Rule Aimed at Reforming Force-Placed Homeowners’ Insurance Practices
Posted on 11 Feb 2013 by Troutman Sanders

By David N. Anthony , Alan D. Wingfield , Nicholas R. Klaiber and Virginia Bell Flynn On January 17, 2013, the Consumer Financial Protection Bureau (CFPB) released a rule creating stringent requirements for servicers imposing force-placed insurance... Read More

Troutman Sanders LLP: 11th Circuit Upholds Bankruptcy Court’s Finding that Payment to Lender by Borrower Subsidiary Was a Fraudulent Transfer
Posted on 13 Jun 2012 by Troutman Sanders

By Martin W. Taylor and Meghan Canty Sherrill The 2009 bankruptcy court decision commonly known as the TOUSA decision caused shock waves throughout the lending community as it called into question any transaction in which a non-borrower has paid money... Read More

Troutman Sanders LLP: CFPB Proposes New Rules for Mortgage Servicers
Posted on 17 Apr 2012 by Troutman Sanders

By John C. Lynch , David N. Anthony , John F. Costello, Jr. and Virginia Bell Flynn On April 9, 2012, the Consumer Financial Protection Bureau (CFPB) announced a proposal for mortgage servicing rules that it plans to issue this summer. Richard Cordray... Read More

Troutman Sanders LLP: West Virginia Attorney General Opens New Office – Commissions Loan Review “SWAT” Team To Target Mortgage Problems
Posted on 23 Apr 2012 by Troutman Sanders

By Ashley L. Taylor, Jr. , John C. Lynch and Jason E. Manning On April 3, 2012, West Virginia Attorney General Darrell McGraw announced plans to open an office in Martinsburg, W.Va., to target "mortgage problems" in the northern portion of... Read More

Troutman Sanders LLP: Important Maryland Legislation Update - Recordation Tax on Indemnity Deeds of Trust
Posted on 4 May 2012 by Troutman Sanders

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... Read More