Acceleration is one of the most elemental - and critical - concepts in the realm of mortgage foreclosures. But how this is accomplished, and the relationship of acceleration to the concept of notice is sometimes elusive. A quick primer spurred by issuance...
REAL CASES IN REAL ESTATE
By Andrea Lee Negroni, Esq.
Minnesota Neighbors' Boundary Dispute Results in Grant of
Adverse Possession and Redrawing of Boundary By Practical Location .
By Neil Lowenstein , Attorney, Vandeventer Black LLP  Generally speaking, the North Carolina code structure gives two types of liens: 1) a claim of lien on real property; and 2) a claim of lien on funds. Attorney’s fees can also be discretionarily...
[ Originally published 01/01/2011 ]
Hope springs eternal at the beginning of any project, and the last thing any
developer, general contractor, or subcontractor is anticipating is a problem
that delays the project or cancels the...
Outright Gifting of Property Interests
From the donor's
perspective, the simplest alternative for transferring a family home to
children and grandchildren is to make outright gifts of real property
interests. In this Analysis, Nancy G. Henderson...
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,...
Regulations , effective January 1, 2012, provide guidance on IRC Sections 162
and 263(a) ,
address when amounts paid to acquire, produce, or improve tangible property are
deductible or capitalizable. The Regulations modify the "general...
[ Originally published 1/05/12 ]
By: Bruce J. Bergman
Member, Berkman, Henoch, Peterson, Peddy
& Fenchel, P.C.;
Author, Bergman on New York
Mortgage Foreclosures , 3 vols, LexisNexis Matthew Bender (rev. 2011)
The Green Building Finance and Investment Forum held on February 20-22 in San Francisco reinforced market trends which I have recently seen accelerating relative to the institutionalization of green building requirements. This was emphasized by several...
owner of an asset dies, in most cases the cost or basis of the asset for income
tax purposes is increased to its fair market value. When the asset is later sold, there is no
capital gain on the amount of the step up.
this Analysis, Douglas Scott MacGregor reviews the basic principles of
condominium ownership and the requirements for insuring condominium real
property before turning to a survey of the cases on unit owner standing in
litigation against association...
Patricia Hughes Mills sets out ways in which distressed homeowners may be able to eliminate phantom taxable gain when debt is discharged--including participation in the Home Affordable Modification Program (HAMP) program.
Ms. Mills writes: The Obama...
By Richard D. Vetstein, ESQ
Score One For Property Rights Advocates
Massachusetts has the well-deserved reputation of being one of the
most challenging states to permit a new housing development due to its
myriad of rules, regulations and zoning...
New York State has passed foreclosure statutes
which will impose considerable delay upon the mortgage foreclosure process and
create numerous new opportunities for borrowers and other defendants to contest
the foreclosure case. The law will also expose...
reduce project costs and avoid litigation many owners, developers, general
contractors and construction managers have obtained wrap-up insurance programs.
In this Analysis, Ruth Kochenderfer and James P. Bobotek discuss
the programs' mechanics...
By Richard D. Vetstein, ESQ
Why A Massachusetts Real Estate Nominee Trust Is Worthless and Useless
Since the concept of currency and debt was created, debtors have been playing a cat-and-mouse game with creditors in order to avoid satisfaction of...
In New York,
blight fright is turning lenders into landlords with unintended consequences
1307 , Duty to maintain foreclosed property , effective April 14, 2010, changes
fundamental property rights as we know them in New...
It is often said that tall fences make good neighbors. In the world of adverse possession, the presence of a fence can often be the difference between winning or losing.
The vast majority of legal transfers of title occur through a transaction: buyer...
Public Places Must Comply with
ADA's Accessibility Requirements
The Americans with Disabilities
Act (ADA) - 42 U.S.C. § 12181 et seq. - imposes requirements for places
of public accommodation with the intent of providing reasonable access...
By Richard D. Vetstein, ESQ
Caveat Emptor is an old common law rule which means "Let the Buyer Beware." In plain English, it means that home buyers are on their own when it comes to the condition of the property. If there is a defect of any...
In this Analysis, Douglas Scott MacGregor*
discusses the evolving requirements and problems involved in providing property
insurance in condominium projects. He explains the complex nature of
condominium ownership and analyzes pertinent statutory requirements...
In this Analysis, William M. Hensley examines the foreclosure crisis that precipitated the passage of California Senate Bill 94, which added new Cal Civ Code § 2944.6 and Cal Civ Code § 2944.7 . Mr. Hensley also provides practical tips to clients...
On this edition, William M. (Mike) Hensley, contributing member to the Editorial Board of Matthew Bender's California Real Estate Reporter, discusses the most significant legislative changes to California's mechanics lien statutes over the past...
Provisions of Michigan mortgage lending statutes were preempted by the National Bank Act and did not apply to an operating subsidiary of a national bank; pursuant to 12 U.S.C.S. §§ 24, Seventh, 24a(g)(3)(A), 484(A), and 371(a), the bank was...
The "total cost method" of quantifying construction claims historically has
been disfavored. This methodology compares the bid price of the project
work with the total cost of the project work as performed, attributing...