LexisNexis® Legal Newsroom
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...

Analysis of Conflicts Between Land Zoning Power and Land Development Right in China

by Dr. Fang Ye This article, written by a partner at a Shanghai, China, law firm, covers the conflicts between land zoning power and land development rights in China. It discusses the structure and legal attributes of the land zoning power in China, whether development rights in China are public or...

William A. Ruskin: No Unanimity As To What New ASTM E1527-13 Standard Requires

By William A. Ruskin Some environmental practitioners contend that Phase I site assessments, commonly used in real estate transactions, will now be more costly and time consuming due to the new standard. Seyfarth Shaw counsels in its Client Alert that the new standard requires that, “if the...

house fire

This Is Real Law: Expert Witness Malpractice: Making The Case For—And Against—Civil Liability

Captain Corcoran was never, never sick at sea. Well, hardly ever —as audiences familiar with Gilbert and Sullivan’s beloved 1878 comic opera H.M.S. Pinafore know so well. Indeed, they eagerly await the moment early in the opera when, challenged in song by his gallant crew, the ship’s...

Ballard Spahr LLP: Caveat Venditor (Let the Seller Beware): Consumer Protection Laws Can Have Significant Implications

By Roger D. Winston, Shelah F. Lynn, Timothy P. Martin and Katherine M. Noonan A decision by the District of Columbia Court of Appeals emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in jurisdictions with consumer protection...

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...

Want a Green Card? Invest in Real Estate

"For foreign investors who have the money, the [ EB-5 investor visa ] program can be an easy way to gain legal residency in the United States. In 2009, Yi Lin, 47, was working as a media executive in Shanghai when he began thinking of applying for a green card through the program. He spent two...

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...

McNees Wallace & Nurick LLC Insights: Estate Planning

ASSET PROTECTION STRATEGIES by David M. Watts, Jr. Durng the estate planning process a question we are frequently asked relates to the best way to protect assets from creditors. The easy answer, although not the most satisfactory, is to give the assets in question away, before any claims arise...

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...

deed and house