Real Estate Law

Recent Posts

Loan Servicer Properly Identified as Party with Authority To Negotiate Mortgage Terms in Foreclosure Notice, Georgia Court Holds
Posted on 29 Jul 2014 by Ballard Spahr LLP

A recent decision by the Georgia Court of Appeals helps to add further clarity to the state’s foreclosure notice statute. The statute, which was amended in 2008, requires that the written notice of a foreclosure sale “shall include the name... Read More

Florida District Court Issues Key Ruling in Mortgage Foreclosure Case
Posted on 9 Jul 2015 by Duane Morris LLP

Previously, Florida appellate courts were strictly enforcing the acceleration requirements in mortgages. In Gorel v. The Bank of New York Mellon , Case No. 5D13-3272 (Fla. 5th DCA May 8, 2015), [ enhanced version available to subscribers ],... Read More

Pennsylvania Amends Mechanics’ Lien Law to Create New Notice Procedures and Requirements
Posted on 4 Nov 2014 by Babst Calland

By James D. Miller, Esq. On October 14, 2014, Governor Tom Corbett signed into law Act No. 142 (the “Act”), [ enhanced version available to subscribers ], amending the Pennsylvania Mechanics’ Lien Law, 49 P.S. 1101 et... Read More

The Cloud Dissipates (a bit)
Posted on 10 Nov 2015 by Christopher G. Hill

Remember HB 1265, [subscribers can access an enhanced version of this legislation: | Lexis Advance ], that I discussed here at Musings back on February 6, 2012? Well, thanks to the efforts of the AGC of Virginia among other groups affected by... Read More

Defective 150 Day Cure Notice No Defense To Foreclosure
Posted on 19 Mar 2015 by Vetstein Law Group, P.C.

Distressed Homeowners Take Another Hit In another court ruling against embattled homeowners facing foreclosure, the Massachusetts Appeals Court has ruled that a defective 150 day cure notice is not a valid defense to a foreclosure sale. The case... Read More

Payment Bond Claim Notice Requires More than Mailing
Posted on 17 Sep 2015 by Christopher G. Hill

It’s been a while since I posted something new relating to Virginia’s “ Little Miller Act ” and its various notice requirements for a subcontractor to make a payment bond claim . I have posted on the basics of a Virginia payment... Read More

Enforcement Actions Filed Against Real Estate Firms For Alleged RESPA Inadequate Notice and Kickback Violations
Posted on 30 Jun 2014 by GreenbergTraurig

On May 28 th , the CFPB entered into a consent order with the largest real estate firm in Alabama to settle allegations that the real estate firm provided consumers with inadequate notices. The CFPB alleged that the real estate firm violated the Real... Read More

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – February 7, 2014 Update
Posted on 7 Feb 2014 by Andrea Lee Negroni

Updates for the Week of February 7, 2014 When all tax sale notices addressed to the property owner are returned “undeliverable,” due process requires the county to notify “occupant” at the property address . Terry Holton... Read More

SJC Voids Foreclosure Over Defective Notice of Default
Posted on 9 Sep 2015 by Vetstein Law Group, P.C.

Ruling Enables Foreclosed Owner to Live in Premises For Over 6 Years, Leaving New Owner with Defective Title In a decision which could affect how title examiners and title insurance companies underwrite title to foreclosed properties, the Supreme... Read More

Don’t Delay: Document, Document, Document & Document Some More
Posted on 2 Jun 2015 by Vandeventer Black LLP

By Kevin A. Rust If you are being delayed on a project, it is critically important that you document the delay, how much it is costing you, and who or what is causing the delays. Many construction contracts have provisions that require notice... Read More