LexisNexis® Legal Newsroom
When Can Foreclosing Lenders Be Accused Of Acting In Bad Faith?

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 is unique based on the facts of the underlying...

Steptoe & Johnson PLLC: Power Line Rights of Way - FERC Approves New Vegetation Management Rules

By Kurt L. Krieger and Nora C. Price On March 21, 2013, the Federal Energy Regulatory Commission ("FERC") approved new rules for managing vegetation along power line rights of way. The purpose of the approved modifications to existing electric reliability standards is to ensure the continued...

Troutman Sanders LLP: CFPB Will Supervise Real Estate Mortgage Loan Servicing Transfers

By John C. Lynch, David N. Anthon, Jason E. Manning, and Maryia Y. Jones On February 11, 2013, the Consumer Financial Protection Bureau (CFPB) issued a bulletin (Bulletin) detailing its plans to closely supervise loan servicing transfers and enforce federal and state law compliance in connection with...

Contractor’s Beware – Careful What You Say: It May Be Actionable Defamation

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" the client. The lower court had dismissed the...

Mountain States Legal Foundation: Wyoming Man Wins Case In Washington, D.C. Appeals Court

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A Wyoming man whose lawsuit-in the U.S. Court of Federal Claims in Washington, D.C. for "just compensation" for use of his private property as a federal trail-was dismissed in November 2011...

U.S. Supreme Court Rules that No Clean Water Act Permit Required for Stormwater Discharges from Logging Roads

By Meline MacCurdy, Associate, Marten Law PLLC In this Emerging Issues Analysis, Meline MacCurdy of Marten Law PLLC discusses the U.S. Supreme Court's holding in Decker v. Northwest Environmental Defense Center that stormwater runoff from logging roads is not "associated with industrial activity"...

Mandatory Mediation Program for Superstorm Sandy Claims Instituted In New Jersey

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 at the request of the insureds. In a new bulletin...

Working Without a Safety Net: Can Subcontractors and Suppliers Still Sue an Owner for Quantum Meruit and Unjust Enrichment in Virginia

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 the event of payment disputes, those subcontractors...

New York Federal Court Holds That September 11th Was An “Act Of War” For Building Damage Near WTC

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 party's liability policy. The message to the...

Ballard Spahr Legal Alert: Federal Banking Agencies Issue Flood Insurance Guidance

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 Biggert-Waters Flood Insurance Reform Act of 2012...

Don’t Change The Risk By Adding New Construction Without Additional Insurance

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 that provided the New York Appellate Division...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – April 22nd, 2013 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 Negroni...

Don’t Leave Retainage on the Table

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 their terms upheld absent a statute that states...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – April 26th, 2013 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 Negroni...

Vetstein Law Group: April Showers Bring May Septic Problems: Massachusetts Title 5 Septic Rules

By Richard D. Vetstein, ESQ Massachusetts Title V Septic Regulations Frequently Asked Questions (FAQ) About 1/3rd of all homes in Massachusetts are dependent upon septic systems, rather than municipal sewer. These include some of the toniest Metrowest suburbs from Wayland, Sudbury, Weston, and...

Vetstein Law Group: GMAC Mortgage and First American Battle At SJC Over Title Insurance Coverage

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 having no legal ability to enforce the mortgage...

More Courts Reject Eleventh-Hour Attempts To Avoid Foreclosure Based On An Alleged Lack Of Standing

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 Assert Lack Of Standing At Last Minute -- there...

Real Property Long-Term Contract Accounting Requirements and Dynamics

By Patricia Hughes Mills J.D. LL.M Subject to Internal Revenue Code and regulatory requirements, the method of accounting adopted by a taxpayer determines when items of income and expense are reportable for federal income tax purposes. Different accounting methods may apply for different businesses...

mortgage fraud

Appellate Division Holds That Buyer Can Sue Seller's Broker For Failing To Relay Offer To Seller

In a decision issued earlier this month, the Appellate Division reinstated a lawsuit against a real estate broker who failed to relay an offer from the buyer to its client, the seller. If you are thinking, as I was, "of course the court would do this, why wouldn't you be able to sue" then...

Realtor Murdered During Home Showing: Time For A Change?

Should The Real Estate Industry Change The Way Agents Do Showings and Open Houses? What other industry requires unaccompanied female (and male) agents to meet perfect strangers in empty houses? None. One would think this is a recipe for disaster. It is. Last year, authorities found the body...

Stakes Raised In Real Estate Agent Independent Contractor Case

SJC To Hear Important Employment Classification Case The critical question of whether real estate agents are governed by the state’s strict independent contractor law is now headed to the Supreme Judicial Court, the highest appellate court in Massachusetts. The SJC heard arguments in December...

New Jersey Extends Permit Extension Act Another Year

New Jersey Governor Chris Christie re-extended New Jersey's Permit Extension Act, N.J.S.A. 40:55D-136.1 et seq. , [ enhanced version available to lexis.com subscribers ], for a third time by enacting Assembly Bill 3815. This legislation extends the tolling of the approval period for certain real...

Agents Can Remain Independent Contractors, SJC Rules, But Questions Remain

SJC Issues Long Awaited Ruling That Agents Can Be Classified as Both Independent Contractors and Employees, But Leaves Questions The Supreme Judicial Court has just released its long awaited opinion in Monell, et al. v. Boston Pads, LLC , (link here) , ruling that Massachusetts real estate and...

TRID Rules Expected To Delay and Disrupt Closings

Major Change To Current Practices | Expect Delays and Bumpy Road Starting Oct. 1 I just finished yet another closing where a national lender issued the closing package and HUD approval the morning of the closing, and worse, issued a revised TIL (Truth in Lending) disclosure during the middle of the...