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Real Estate Law Blog

Includes news, cases and commentary on real estate and property law in New York and nationwide. From Finkelstein Newman LLP.

http://www.nyrealestatelawblog.com/

Nov 22
TAX POT!

These poll numbers were released earlier today by Rasmussen Reports -- "an electronic publishing firm specializing in the collection, publication, and distribution of public opinion polling information." 49% in California Favor Legalizing, Taxing Pot Sunday, November 22, 2009 The plurality of voters in California continues to support legalizing and taxing marijuana in order to solve some of the state's ongoing budget problems. The latest Rasmussen Reports telephone survey in the state shows... Posted on November 22, 2009 at 09:00 am by Lucas A. Ferrara, Esq.
Nov 21
A THOUSAND TURKEYS, SEVEN TONS OF TRIMMINGS

/**/ *ONE-THOUSAND TURKEYS* AND *SEVEN TONS OF TRIMMINGS* TO BE GIVEN AWAY BY BOROUGH PRESIDENT MARTY MARKOWITZ'S OFFICE AND DEPUTY BP YVONNE GRAHAM TO COMMUNITY GROUPS AT BROOKLYN BOROUGH HALL 11:00 A.M. MONDAY, NOVEMBER 23, 2009 BROOKLYN BOROUGH HALL 209 JORALEMON STREET BETWEEN COURT & ADAMS STREETS DOWNTOWN BROOKLYN On Monday, November 23, Brooklyn Deputy Borough President Yvonne Graham will kick off the holiday season by distributing a thousand Thanksgiving turkeys and seven tons of... Posted on November 21, 2009 at 09:00 am by Lucas A. Ferrara, Esq.
Nov 20
ROB MILLER COMES TO NEW YORK

When Congressman Joe Wilson shouted out "You lie!" at President Obama in September, he brought the spotlight not only on himself, but also his opponent, Rob Miller. While Rob raised over $1 million in a few days for his race, in the end Rep. Wilson raised even more - creating one of the most expensive congressional elections of 2010. As a former Marine, Rob understands the sacrifices that our veterans and current service members have made for our country, and believes that we should do more to... Posted on November 20, 2009 at 03:00 pm by Lucas A. Ferrara, Esq.

Rank This Week: 23

New York Foreclosure Information

Covers the foreclosure process. By Jay Fleischman.

http://www.nyforeclosureinformation.com

Feb 9
So Long And Thanks For All The Fish

The astute reader will notice that this blog has not been updated in many months. As of now this site is officially closed, and will no longer be updated. For information on consumer protection law please check out www.NewYorkConsumerLitigation.com. For consumer bankruptcy information please go to www.NewYorkBankruptcyLitigation.com Posted on February 9, 2008 at 09:56 pm by Jay Fleischman
Sep 27
US New-Home Sales Slide To Seven-Year Low

Sales of new US homes slid 8.3 percent in August to their lowest level in seven years, Commerce Department data showed today (September 27, 2007). The report showed new-home sales at a seasonally adjusted annual pace of 795,000, worse than market expectations of a decline to a rate of 825,000. The pace of new-home sales is down 21.2 percent from a year ago. Also, the median sales price fell to 225,700 dollars, an 8.3 percent decline from the previous month and a level not seen since January... Posted on September 27, 2007 at 05:59 pm by Jay Fleischman
Sep 27
Foxtons, Famous For 2% Real Estate Commissions, Goes Out Of Business

Newsday reports today that Foxtons, New York metropolitan area real estate powerhouse, said it may file for bankruptcy and close its business, explaining it "can't stand in the way of a hurricane" that has come about as a result of the decline in the home mortgage industry. The New Jersey-based company announced that it is "releasing" 350 of its 380 employees "and may be filing for bankruptcy protection in order to close the business in an orderly fashion." "Releasing" appears to be a euphemism... Posted on September 27, 2007 at 05:55 pm by Jay Fleischman

Rank This Week: 126

Real Estate and Construction Law...

Real Estate and Construction Law Blog

Covers construction, construction claims, environmental, labor and employment issues, land use and leasing. By Sheppard Mullin.

http://www.realestateandconstructionlawblog.com/

Oct 29
Supreme Court Refuses to Hear Palmer Case - Are Inclusionary Zoning Practices Due for Change?

By James Pugh & Dave Lanferman On October 22, 2009, the California Supreme Court decided not to review the Court of Appeal's decision in the landmark Palmer/Sixth Street Properties v. City of Los Angeles case. [See SMRH Blog 08/18/2009, for detailed discussion of Palmer decision.] This decision, although favorable for Palmer, could launch "inclusionary zoning" and similar affordable housing laws across the state into uncertain legal waters as municipalities attempt to enforce... Posted on October 29, 2009 at 10:58 am
Oct 1
Procedural Requirements Of California's "Fix It" Law Upheld

Standard Pacific Corporation v. Superior Court of San Bernardino (Garlow) (2009) ___ Cal. App. 4th ____ (Aug. 14, 2009, No. E046844) By James Pugh The Fourth District Court of Appeal recently held that construction-defect plaintiffs must provide developers with notice and an opportunity to repair before filing suit. This holding in Standard Pacific Corporation v. Superior Court of San Bernardino (Garlow) confirms the procedural requirement of Senate Bill 800, which is also known as the "Fix It... Posted on October 1, 2009 at 02:40 pm
Sep 30
2nd Circuit Allows Public Nuisance Suit Against Greenhouse Gas Emitters

Connecticut v. American Electric Power Company Inc., ____F.3d ____, No. 05-5104 (2nd Cir. 2009) By James Rusk States and private plaintiffs may sue utility operators under the federal common law of nuisance to abate carbon dioxide ("CO2") emissions that contribute to global warming, the Second Circuit Court of Appeals held this month. Although the 139-page opinion appears to open a new front in the fight over climate change, its full import is uncertain. The court held only that plaintiffs had... Posted on September 30, 2009 at 11:20 am

Rank This Week: 140

inversecondemnation.com

Recent developments and commentary on regulatory takings, eminent domain, inverse condemnation, property rights, and land use law. By Robert H. Thomas of Damon Key Leong Kupchak Hastert.

http://www.inversecondemnation.com/inversecondemnation/

Nov 19
Thursday's Links

Things we were reviewing today: Check out the just-launched Hawaii Civil Procedure blog. It's a welcome addition to the blogroll for Hawaii civil practitioners. My colleague Mark Murakami has set up a resource page for all things about the McDonald v. City of Chicago case. That's the appeal currently being considered by the Supreme Court challenging Chicago's ability to regulate firearms under the Second Amendment. What's most interesting about the case is not the gun issue, but the legal... Posted on November 19, 2009 at 11:11 pm by Robert Thomas (inversecondemnation.com)
Nov 18
Links From ABA Condemnation Committee Conference Call (11/18/2009)

Another very interesting conference call today, focusing on the upcoming arguments in the Stop the Beach Renourishment case, the New York Court of Appeals' decision in Aspen Creek, and the New Jersey Supreme Court's decision to review Klumpp v. Borough of Avalon. Here are the links to some of the cases and other topics discussed during today's call, and other items of interest which we didn't have time for: A resource page for the Stop the Beach Renourishment case - merits and amici briefs,... Posted on November 18, 2009 at 12:03 pm by Robert Thomas (inversecondemnation.com)
Nov 17
Programming Note: Condemnation Committee Conference Call 11/18/2009, 2 pm EST

Just a reminder: tomorrow (Wednesday, November 18, 2009), from 2:00 - 3:00 p.m. (Eastern Standard Time), we will be holding the next "recent developments" conference call for members of the Condemnation Law Committee (ABA Section of State & Local Government Law). It's free, but open only to Section members and guests. Members should have already received an e-mail with the call information, either directly from the Section, or via our listserv (LG-CONDEMNATION). If you are not a member or... Posted on November 17, 2009 at 01:46 pm by Robert Thomas (inversecondemnation.com)

Rank This Week: 164

Tracks the activities at the Colorado Capitol and beyond on all legislative developments that will affect the operation and governance of Colorado HOAs as well as advising about the impact of such legislation. By HindmanSanchez.

http://www.hoalegislate.com/

Nov 4
New Federal Legislation Makes Receiverships Less Risky As A Collection Tool

The Protecting Tenants at Foreclosure Act, which went into effect on May 20, 2009, was designed to provide protections for tenants in the event of foreclosure. In the past, tenants had little or no right to retain their lease when their landlord lost the unit through foreclosure. The new law affords a greater notice period for eviction (increased to 90 days) and allows renters to stay for the remaining term of their lease except in the event that the new title holder intends to occupy the unit... Posted on November 4, 2009 at 08:59 am
Oct 22
New FHA Guideline Implementation Delayed Again

The FHA announced yesterday that it is once again delaying the implementation of the requirements found in Mortgagee Letter 2009-19 until December 7, 2009. As we posted previously, these new guidelines for condominium projects are likely to have a significant impact on condominium communities. FHA has indicated that revisions to the 2009-19 Letter will be forthcoming in the next two weeks and will offer leniencies because of current market conditions and provide clarification to some of the... Posted on October 22, 2009 at 11:25 am
Oct 16
Colorado Supreme Court Rules Titles Obtained Through Adverse Possession Subject to Terms of the Association Declaration

The Colorado Supreme Court recently issued a ruling in B.B. & C. Partnership v. Edelweiss Condominium Association, holding that a party taking title to real property through adverse possession cannot do so free and clear of the restrictions in a recorded condominium declaration. The party at issue was an original member of BB&C, the declarant, and thereafter the association's managing agent for 20 years. BB&C acquired title to an association parking space by adverse possession, and... Posted on October 16, 2009 at 02:02 pm

Rank This Week: 341

Law of the Land - Canadian...

Law of the Land - Canadian Commercial Real Estate Law Blog

Covers condominiums, environmental law, financing, leasing and title insurance. By Lang Michener.

http://lawoftheland.blogs.com/law_of_the_land_canadian_/

Oct 8
Court of Appeal clarifies the law on prescriptive rights

There was an interesting recent Ontario Court of Appeal decision (Kaminskas v. Storm (2009), 95 O.R. (3d) 387) for those lawyers, like the writer, who developed his practice approaches at a time when most of the properties in Ontario were registered under the registry system. It was an appeal of a lower Court decision (Kaminskas v. Storm (2007), 54 R.P.R. (4th) 239) talking about prescriptive rights and illustrating a manner in which they could be lost. The Real Property Limitations Act says in... Posted on October 8, 2009 at 10:25 am by Jack Payne
Sep 22
Lang Michener LLP lawyers remain the leading experts on title insurance in Canada

Bruce McKenna, with significant assistance from Matthew German and Bob Fraser, has completely redrafted the title insurance sections of the CCH Ontario Real Estate Law Guide published by CCH Canada. These are the title insurance sections under the Divisions of the Guide relating to Professional Duties and Liabilities, Mortgages and Title Conveyancing. Bruce originally drafted them in 1997 and has updated them from time to time since then. Title insurance in Ontario has gone through a great... Posted on September 22, 2009 at 05:13 am by Jack Payne
Jun 29
The Declining Importance of Tender in Transaction Disputes

Canadian courts continue to erode the traditional common law requirement that a non-defaulting party demonstrate its absolute willingness and ability to close a real estate transaction when responding to the default of the other party. As illustrated by the British Columbia Supreme Court in Tatla v. Lui, [2009] B.C.J. No. 485, the process of "tendering" all closing documents and funds on the defaulting party is increasingly being rejected as a "meaningless ritual" and should no longer be seen... Posted on June 29, 2009 at 07:41 am by Jack Payne

Rank This Week: 342

Washington Landlord Tenant .Info

Covers evictions. By Scott Eller.

http://www.washingtonlandlordtenant.info/

Oct 25
Landlord Liable for Failure to Return Tenant Property

In a recent opinion Division II of the Court of Appeals upheld a $76,275.55 verdict against a landlord and the property management firm it retained.[1] In addition, the Court of Appeals added attorney's fees in an amount to be determined for the appeal. The dispute arose from the disposal of the tenant's personal belongings. The exact [...] Posted on October 25, 2009 at 04:06 pm by Washington Landlord Attorney
Oct 23
Eviction Defenses After Foreclosure

New state and federal laws protect tenants from eviction after foreclosure. There are also new laws that apply to former owners in possession of foreclosed property, in addition to tenants. It has come to our attention that some law firms are not following required procedures, depriving former owners of certain legal disclosures. If you are an owner [...] Posted on October 23, 2009 at 01:16 pm by Washington Landlord Attorney
Oct 19
New Laws Protect Tenants When Landlord is Foreclosed

New federal as well as state laws protect tenants when the landlord's property is foreclosed upon. New federal law. Under the Protecting Tenants at Foreclosure Act of 2009 the purchaser at foreclosure takes the property subject to any unexpired lease. The law also requires the foreclosure auction purchaser to give notice to vacate to any month-to-month tenant. [...] Posted on October 19, 2009 at 02:18 pm by Washington Landlord Attorney

Rank This Week: 377

Hoboken Law Blog

Covers real estate and divorce law. Published by Hoboken, New Jersey Frank Marciano.

http://www.hobokenlawblog.com/

Nov 15
Cake Boss Fans from Pittsburgh flocking to Hoboken

How cool is this: Was at my office this Sunday and coming down the street is this great group of women laughing and having a great time, as they approached I saw that they had "Cake Boss" T-Shirts on and I just had to take a picture. They were full of fun and when I asked them where they were from they said "PITTSBURGH" and that they came all the way here just to see the Cake Boss's store, (actually they were visiting New York, but it makes for a far better story if they just came to Hoboken... Posted on November 15, 2009 at 12:43 pm by Frank Marciano
Oct 4
Appellate Court allows Blimpie Base No 1 to Stay in Hoboken

The First Blimpie ever was built in Hoboken in 1964, and over the past few months this true Hoboken Tradition was almost forced to leave because of their Landlord's tricky attempt to try and double their rent. Well, they lost at the trial level and then went to the New Jersey Appellate Court to try and force their interpretation of the lease regarding when and how Blimpie had to give notice to renew their lease. Thankfully, they lost again. In this Appellate Court Decision the Law Firm of Frank... Posted on October 4, 2009 at 08:15 pm by Frank Marciano
Sep 29
The Rubaiyat of Omar Khayyam

My favorite words of wisdom from a 15th Century Persian Poet Omar Khayyam as translated by Edward Fitzgerald in the 1860's. Posted on September 29, 2009 at 08:10 pm by Frank Marciano

Rank This Week: 530

Real Estate, Real Competition...

Real Estate, Real Competition & the Law

Chronicles the anticompetitive practices encountered by real estate brokers and websites who try to reduce real estate commissions. By Michael H. Erdman.

http://rerclaw.blogspot.com/index.html

Aug 3
What I've been up to - AgentsCompared.com

/**/ It's been awhile since I last posted here, and for good reason. Going back to the summer of 2007 I've been developing an idea I've had about helping home buyers and sellers make more informed decisions when selecting a local real estate agent. Last month it came to fruition - AgentsCompared.com. Here's the text of our launch announcement: FOR IMMEDIATE RELEASE: Consumer-centric AgentsCompared.com Helps Prospective Chicagoland Home Buyers and Sellers Make More Informed Decisions When... Posted on August 3, 2009 at 07:46 am by MICHAEL H. ERDMAN
May 27
Overview of USA v. NAR proposed Final Judgment

Here's a quick overview of the proposed Final Judgment ("PFJ") filed earlier today in USA v. National Association of Realtors. Note that before Judge Kennelly will consider and potentially enter the judgment, one or both parties will need to formally file a motion requesting same with the Court. For a period of ten years, the settlement would prohibit NAR from adopting, maintaining or enforcing any rule, or entering into or enforcing any agreement or practice, that directly or indirectly:... Posted on May 27, 2008 at 05:47 am by MICHAEL H. ERDMAN
May 27
Settlement in USA v NAR?

A stipulation signed by attorneys for both parties and a proposed final judgment (not yet entered by Judge Kennelly) just appeared on the Court's online docket. Perhaps the July 7 trial, which was to last approximately a month, has been averted? Keep in mind that a final judgment and/or other dispositive order has not yet been entered by the Court. In a related filing today, the United States stated that it will be filing a motion for entry of the proposed Final Judgment. UPDATE: Read a summary... Posted on May 27, 2008 at 05:29 am by MICHAEL H. ERDMAN

Rank This Week: 545

Construction Industry Blog

Follows the construction industry and related legal topics. By Womble Carlyle.

http://wombleconstruction.blogspot.com

Jul 20
Paradoxes

For the past six months or so, I've been using ConsensusDOCS agreement forms wherever I can reasonably do so ---- meaning that I'm using them for projects on which there is not an owner or architect who insists on using AIA documents. I usually represent owners, have used many AIA standard form agreements over the years (with modifications) and continue to use them. But where there is not a vested interest in staying with AIA forms, I have tried to use ConsensusDOCS, because my twenty-plus... Posted on July 20, 2009 at 08:17 am by Karen Carey
Jun 18
ConsensusDOCS for Public Contracts? Yes, In South Dakota

It will be interesting to see how quickly South Dakota begins using ConsensusDOCS for public contracts after the February 2009 legislation permitting the use of the "ConsensusDOCS 200 Standard Agreement and General Conditions Between Owner and Contractor." It seems safe to assume that the South Dakota chapter of the AGC will be working hard to encourage the use of this contract form, and indeed, it probably is in use now for some public projects. Several press releases covering passage of the... Posted on June 18, 2009 at 07:24 am by Karen Carey
Mar 23
How do you measure damages when a construction blunder saves an owner $200 million?

A recent story out of Las Vegas, covered in the NY Times, poses an interesting question for construction and real estate lawyers ---- what would be the measure of damages for defective construction, the result of which is estimated to save the owner at least $200 million? The Harmon hotel tower, part of MGM Mirage's acclaimed $9 billion development called the CityCenter, had been designed as a 48-story tower, the upper 20 floors to be luxury condominiums. But recently it was discovered that the... Posted on March 23, 2009 at 08:54 am

Rank This Week: 546

South Carolina Community...

South Carolina Community Association Law Blog

Covers the law of homeowners associations, property owners associations, condominium associations, cooperatives and other community associations. By D. Ryan McCabe.

http://sccommunityassociationlaw.com

Jun 9
Enforce Covenants Consistently to Avoid Waiver

The South Carolina Court of Appeals agreed with the Master-in-Equity and found an association waived its right to enforce certain covenants. See Arcadian Shores Single Family Homeowners Ass'n v. Cromer, 2007 S.C. App. LEXIS 98 (Ct. App. 2007). The Association's declaration of covenants allowed association members to construct fencing upon "submitting plans and specifications to and obtaining written approval of the plans by the Developer," and later by the Association. One member built a three... Posted on June 9, 2009 at 05:55 am by Ryan McCabe
May 19
Gated Communities May Need to Remove or Replace Their Gates

On April 18, 2009, The Island Packet, a South Carolina publication based out of Bluffton and Hilton Head, reported the unfortunate death of one of the members of a gated community. The person had a heart attack. While the paramedics got to the community's gates in four minutes, they were held up for a few minutes because of not being able to open the gates right away. To read the full article, you may click here. This unfortunate and sad incident may serve as a strong incentive for state... Posted on May 19, 2009 at 06:30 am by Ryan McCabe
May 13
An Association Must Be Represented by a Licensed Attorney

Section 40-5-320 of South Carolina Code of Laws Annotated makes it unlawful for corporations and voluntary associations to "practice or appear as an attorney at law for a person other than itself in a court in this State or before a judicial body." S.C. Code Ann. Section 40-5-320(A)(1). South Carolina Supreme Court clarified the statute in Renaissance Enterprises, Inc. v. Summit Teleservs., Inc., 334 S.C. 649 (1999). The issue presented before the Court was "[w]hether a non-lawyer can represent... Posted on May 13, 2009 at 12:46 pm by Ryan McCabe

Rank This Week: 549

Soapbox: Appraisal Ethics, Ideas...

Soapbox: Appraisal Ethics, Ideas and Industry Issues

Covers pressures on real estate appraisers by lawyers and accountants.

http://soapbox.millersamuel.com

Apr 13
Soapbox Enters Matrix through The Housing Helix

THIS IS THE LAST POST ON SOAPBOX - please visit MATRIX for future appraiser-related content! Back in 2005, I entered the blogging fray out of frustration with the way appraisers were treated in the lending process. Thus, Soapbox was born. It was a labor of love for me and for the numerous contributors (I think) that have shared their appraisal expertise over the past several years. Over this period appraisal issues came to the forefront and while I am not sure things are better today, at least... Posted on April 13, 2009 at 08:52 pm by Jonathan J. Miller
Mar 28
[In The Media] Neil Cavuto/Fox Business News 3-27-09

Friday morning I was invited to be a guest to talk about appraisers and how they are impacting the flow of housing sales. I was initially concerned that this would be an appraiser slam piece, blaming our industry for killing sales, causing global warming and low salaries of central bankers but it wasn't and I think I covered the bases. Kinda surreal - met and spoke briefly to Dick Morris in the green room. Cavuto was very personable before the segment, we talked about the issue before we went... Posted on March 28, 2009 at 05:50 am by Jonathan J. Miller
Mar 21
[Commercial Grade] New York City Income Property Market Report Second Half 2008 Is Available For Download

John Cicero, MAI provides commentary on issues affecting real estate appraisers, with specific focus on commercial valuation. John is a partner of mine in our commercial real estate valuation concern Miller Cicero, LLC and he is, depending on what day of the week it is, one of the smartest guys I know. &#xe2€&#xa6Jonathan Miller The Massey Knakal Income Property Report that I prepare on behalf of the brokerage firm was just released for the second half of 2008. The report is the only one of its kind... Posted on March 21, 2009 at 06:04 am by John Cicero

Rank This Week: 558

Real Estate Space

Covers real estate law and the real estate business. By Doug Cornelius.

http://realestatespace.blogspot.com/

Feb 23
Lights Out

Thanks for reading and stopping by. With the launch of my new Compliance Building blog, I have stopped blogging here. Image by Hashc0de under Creative Commons. Posted on February 23, 2009 at 01:00 am by Doug Cornelius
Feb 14
Compliance Building

With my move from Goodwin Procter to be Chief Compliance Officer at a real estate company, I have been using a blog to keep my notes. I have just open up this blog to the public. You can see what I have been up to at Compliance Building. Disclaimers Posted on February 14, 2009 at 01:57 am by Doug Cornelius
Feb 5
Clash of the Utopias - The Story of Stuyvesant Town

New York magazine has a lengthy story on the largest real estate deal deal in US history: The $5.4 Billion sale of MetLife's interest in the Stuyvesant Town and Peter Cooper Village residential complex. The complex is enormous: 80 acres of land on Manhattan's East Side, 25,000 residents, 110 buildings, over 11,000 units, 2,260 enclosed parking spaces, and 110,000 square feet of retail space. The complex stretches from 14th Street to 23rd Street. The article, Clash of the Utopias by Gabriel... Posted on February 5, 2009 at 11:38 pm by Doug Cornelius

Rank This Week: 573

Square Feet

The Silicon Valley Real Estate Blog. By the Mercury News.

http://www.mercextra.com/blogs/realestate/

Oct 28
Goodbye to Square Feet

I had a couple of things lined up to possibly blog about earlier today - the impending rollback of jumbo-conforming mortgage rates, national home sales and such - but instead I'm here to tell you that the Mercury News is pulling the plug on my blog, Square Feet. It's been decided by our editors that the paper will no longer be able to support all the blogs it has undertaken, so they are killing some. Mine, Square Feet, is one on the list, and I'm told it will be "archived" later this week. (And... Posted on October 28, 2008 at 06:24 am by Sue McAllister
Oct 24
LIBOR: A programming language? A term of insult? Oh, a mortgage rate index, of course.

Vote for one. LIBOR stands for: 1) Lending Is Becoming Outrageously Restrictive 2) Liberty Invites Behavior Of Recklessness 3) London Inter Bank Offering Rate Alas, number three, the boring option, is correct. (But I'm really fond of the other two options - when they kick me out of the journalism business someday, maybe I can write for a board-game manufacturer or something!) How about COFI? A shorthand way to spell "coffee" when you are texting? No, it's Cost of Funds Index, and it, like... Posted on October 24, 2008 at 12:33 am by Sue McAllister
Oct 22
Uncertainty’s effect on the housing market, and a contrary example

I think it was early September that I wrote an article in which a number of real estate market-observers theorized that Silicon Valley might see pretty healthy home sales in early fall this year, thanks to fairly low interest rates, and prices that had dropped enough to attract formerly reluctant buyers. But then Wall Street went to hell in a handbasket, so those theories are probably goners. Yesterday when I was working on this article about Bay Area and Santa Clara County home sales in... Posted on October 22, 2008 at 10:49 pm by Sue McAllister

Rank This Week: 579

Andrew Ewalt's Law Blog

Covers business law and planning, elder law, estate planning, probate and estate administration, and real estate.

http://andrewewaltslawblog.blogs.com/my_weblog/

Nov 11
Hiring New Employees

Things to consider when hiring new employees: Eligibility for employment. You must verify that each new employee is legally eligible to work in the United States. This will include completing the U.S. Citizenship and Immegration Services (USCIS) Form I-9, Employment Eligibility Verification. You can get the form from USCIS offices or by calling 1-800-870-3676 or visit the USCIS Web Site at www.uscis.gov. New hire reporting. You are required to report any new employee to a designated state new... Posted on November 11, 2009 at 11:30 am by Andy
Oct 13
Protecting the Family Business or Farmers

Estate taxes can become a very real problem when an estate includes a farm or real estate used in a family business. Since federal estate tax have been repealed for only one year (2010), and Connecticut has recently implemented it own separate estate tax it is smart to plan now. For federal estate-tax purposes, land and buildings have to be valued at their "highest and best use." Thus, a farm that could be sold to a developer for more than it is worth, as a farm generally must be assessed at... Posted on October 13, 2009 at 11:45 am by Andy
Oct 7
Business Sucession Planning

Statistically, only thirty percent of family owned businesses survive from the founding generation to the next generation. Beyond that generation the success is even worse. The primary reason for the lack of success rests on the fact that most business owners fail to make plans, have the wrong plan or have not updated the plan. A comprehensive estate plan should include planning for the succession of the business. Here are some things to consider. 1. If some children are active in the business... Posted on October 7, 2009 at 12:12 pm by Andy

Rank This Week: 607

Texas Attorney Blog

Texas Attorney Blog covers construction law, development, mechanic's liens, mortage lending, premises liability, real estate law & news, rural water utilities, and Texas Supreme Court Updates. By Texas Real Estate & Construction Lawyer Aimee Hess.

http://www.texasattorneyblog.com/

Oct 30
Oil and Gas Leasing in the Eagle Ford Shale in Texas

Texas oil and gas attorneys and mineral owners may see more leasing activity in 2010 in the Eagle Ford Shale, a field in southern Texas that oil and gas companies have known about for some time, but that is just now being explored. The field is named after the city of Eagle Ford, Texas, hometown of Bonnie Parker of "Bonnie and Clyde" notoriety. (The city of Eagle Ford was incorporated into the City of Dallas in 1956). Several oil and gas operators, beginning with Petrohawk Energy Corporation,... Posted on October 30, 2009 at 03:44 pm
Oct 5
A Texas Oil and Gas Lawyer Sees More Activity in Store for 2010

As a Texas oil and gas attorney, I have observed that it has been a slow year so far for leasing and drilling activity. But some experts are predicting a change on the horizon for 2010. An article this morning by Jamaal O'Neal in the Longview-Journal.com quotes Professor Ken Morgan, Texas Christian University geology professor and director of the TCU Energy Institute, as saying that higher oil and gas prices may be ahead for 2010. The article quotes research by Baker Hughes that natural gas,... Posted on October 5, 2009 at 11:31 am
Sep 5
A Texas Oil and Gas Lawyer Watches Prices Rise and Fall

As a Texas oil and gas attorney for many years, I have seen many booms come and go. During a "boom" period, prices for oil and gas increase. The increase in prices encourages exploration of new sources of oil and gas and development of existing sources. Mineral owners tend to see much more leasing activity during boom periods, and oil and gas companies are much more amenable to entering into leases that are fair to both mineral owner and operator. Conversely, when prices of oil and gas are low,... Posted on September 5, 2009 at 02:55 pm

Rank This Week: 653

Colorado Homeowners Association...

Colorado Homeowners Association Law Blog

Covers community associations, covenant enforcement, and governance. By Winzenburg Leff Purvis & Payne.

http://www.cohoalaw.com/

Oct 22
When Can a Homeowner Be Joined as an Indispensable Party

In a recently reported appellate court case, Clubhouse at Fairway Pines v. Fairway Pines Estates Owners, 214 P.3d 451 (Colo. App. 2008) the appellate court based on prior court holdings stated that joinder of an indispensable party can be raised for the first time on appeal. The appellate court pointed out a decision in the Colorado Supreme Court that held, "&#xe2€&#xa6.a court of appeals should, on its own initiative, take steps to protect the absent party, [by ordering joinder of the unnamed party]... Posted on October 22, 2009 at 03:43 pm by Lawrence B. Leff
Oct 4
Duties of Volunteer Directors - What Do They Want From Us?

But we are all just volunteers! We all have regular jobs to do too! They can't expect us to do everything! We are surprised by the number of times that we've heard these statements from board members when they are being challenged for actions they've taken, or decisions they've made. However, Colorado law does not make any explicit distinction between board members who are volunteers as compared to board members who receive compensation for serving on the board (such as for other types of... Posted on October 4, 2009 at 09:24 pm by Mark K. Payne
Sep 8
The Importance of Signed and Recorded Covenants

The Colorado Court of Appeals, in the recent court decision of Abril Meadows Homeowner's Association v. Castro, 211 P.3d 64 (Colo. App. 2009), ruled that an association whose declaration of covenants was unsigned did not have the right to enforce its covenants against its homeowners. The association sued two homeowners to foreclose a lien for unpaid covenant violation fines which exceeded $100,000. At trial, the homeowners argued that the declaration of covenants was invalid since it was never... Posted on September 8, 2009 at 08:58 am by Stephane Dupont

Rank This Week: 654

Mixed Use Development

Covers mixed use real estate development and related legal issues in the Southeast United States. Published by Pam Rothenberg of Womble Caryle.

http://womblemixedusedevelopment.blogspot.com

Sep 3
Real Estate Investment Opening Up to Chinese Investors

The WSJ reports that Chinese regulators have authored a law that would give Chinese insurers greater freedom to invest in commercial real estate. This change in investment rules is included in a revision to the insurance law making its way through Chine's legislature and could go into effect as early as the end of this year. Although real estate investment by insurance companies is not new to the US market, the WSJ reports that Chinese insurers are relatively restricted on what assets they may... Posted on September 3, 2008 at 03:53 pm by Multifamily Real Estate Industry Team
Aug 25
REIT’s AND SENIOR HOUSING NOW MORE COMPATIBLE

Prior to the enactment last month of the Housing Assistance Tax Act of 2008 (the "Act") (for a detailed explanation of the Act, you can go to [thomas.loc.gov]), a real estate investment trust (a "REIT") could not in a tax-efficient manner derive the economic benefit of operating or managing a "health care facility," a term that includes a nursing home, assisted living facility, congregate care facility or a qualified continuing care facility. Instead, most REIT's that owned senior housing... Posted on August 25, 2008 at 04:07 pm by Multifamily Real Estate Industry Team
Aug 22
The saying in Washington goes the federal government works in two ways; inaction and over-reaction

The long awaited housing bill has been enacted H.R. 3221, the Housing and Economic Recovery Act (HERA) [frwebgate.access.gpo.gov] is in reaction to the inaction of the federal government in the run up to the subprime housing crisis. Whether this legislation is an over-reaction is yet to be seen. More importantly, how is this 260-page bill going to effect the multi-family housing market? HERA makes significant changes to the Low Income Housing Tax Credit (LIHTC) program increasing the available... Posted on August 22, 2008 at 10:26 am by Multifamily Real Estate Industry Team

Rank This Week: 691

Municipal, Planning and...

Municipal, Planning and Environmental Law Group Blog

Covers current issues and updates on law, legislation and policy. By Davis & Company.

http://www.davis.ca/community/blogs/mpe/default.aspx

Mar 10
Minister Prentice Tables Environmental Enforcement Bill

Posted by Jonathan Cummings and Jennifer Cleall On March 4, 2009, the Minister of Environment, Jim Prentice, introduced the Environmental Enforcement Bill (the "Bill") in an effort to constrain poachers, wildlife smugglers and polluters through the use of more comprehensive enforcement tools and increased fines. The Bill seeks to enhance effectiveness and enforcement of environmental legislation by making amendments to 9 existing acts: the Canada Wildlife Act; the Canadian Environmental... Posted on March 10, 2009 at 10:38 am
Apr 2
OSC releases Staff Notice calling for improved environmental disclosure

Reporting issuers must improve their disclosure of known and contingent environmental liabilities in continuous disclosure documents. That is the message of the Ontario Securities Commission's Staff Notice 51-716 on Environmental Reporting (the 'Staff Notice'), released February 27, 2008. The Staff Notice is based in part on a survey of 35 reporting issuers. The OSC found that the majority of these issuers had made insufficient disclosure of material environmental matters in their annual... Posted on April 2, 2008 at 02:46 pm
Apr 1
Key Kearl oil sands permit dries up in wake of Federal Court decision

Posted by Andrew Lord The federal government reportedly revoked Imperial Oil's permit to take water for the planned Kearl oil sands project. Imperial Oil's legal challenge of that decision is expected to be heard in May. Imperial predicts that the battle to recover the permit to take water could delay the start of production by a year or more. The $8 billion project was scheduled to start producing 100,000 barrels of bitumen a day in 2011. The decision to revoke the permit, which was made by... Posted on April 1, 2008 at 09:51 am

Rank This Week: 774

Hawaii Condo Law

Covers Hawaii condominiums, planned communities, co-ops and the laws that govern them. By Ekimoto & Morris.

http://www.hawaiicondolaw.com/blog

Sep 9
Rewrite of Hawaii Real Estate Commission Booklets

The Hawaii Real Estate Commission is revising, editing and rewriting its 1991 brochures entitled "Condominium Owners Rights and Responsibilities" and "Condominium Board Members Powers and Duties". The brochures will be updated to be consistent with the current condominium laws (Hawaii Revised Statutes Chapters 514A and 514B) and other related federal and state laws, court decisions administrative decisions and policies and procedures. John Morris and I have been selected by the Commission to... Posted on September 9, 2008 at 08:14 pm by Richard S. Ekimoto
Jun 22
Proposed New ADA Regulations

On June 17, 2008, the U.S. Justice Department ("DOJ") published a notice of proposed rulemaking on the Americans with Disabilities Act ("ADA"). Title III of the ADA provides protections to disabled individuals in places of public accommodations. The ADA requires, among other things, that public accommodations remove architectural barriers to disabled individuals that are "readily achievable". Readily achievable generally means that it can be easily done without much expense. Most purely... Posted on June 22, 2008 at 07:52 pm by Richard S. Ekimoto
Jun 18
Condominium Special Meeting Law Changed

I realize that I've been remiss in posting anything for this legislative session. We've been extremely busy, but we'll be making up for that by posting some of the new laws that affect community associations. Act 13 (SB 1809) was signed by the Governor and became effective on April 15, 2008. It amends Hawaii Revised Statutes &#xc2&#xa7514B-121(b). Previously, the Hawaii Condominium Property Act required that if 25% of the owners signed a petition calling for a special meeting, the Secretary or Managing... Posted on June 18, 2008 at 02:15 pm by Richard S. Ekimoto

Rank This Week: 811

California Condo & HOA Law...

California Condo & HOA Law Blog

Covers affordable housing, elections, collections, boards and committees. By Beth Grimm.

http://www.communityassociations.net/cacondoguru/

Nov 21
Who Signs Minutes for HOA and Condo Meetings?

Here is a simple question about minutes that I received recently: "Have you ever discussed how the requirement that board minutes be official is accomplished? Do they have to be signed? By the Secretary? President?" Generally, board minutes should be signed by the secretary of the association. The secretary is usually the person responsible for "taking" the minutes as well. However, associations with paid managers often leave the task of taking the minutes and typing them up to the manager.... Posted on November 21, 2009 at 08:08 pm
Nov 19
The New Davis Stirling "Disclosure Index" for HOAs and Condos

After putting out information about the new additions to the Davis Stirling Act for 2010, I got the following question: "We already include all items in the index in the year end disclosure packet. Are we now suppose to include the index along with all the disclosures beginning next year??" My first thought was "yes" - I mean, what is the purpose of the Index? The legislative summary of the bill says: "This bill would also require an association to distribute annually to its members a... Posted on November 19, 2009 at 09:38 pm
Nov 18
Approving HOA Meeting Minutes - What Is The Purpose? What About Timing?

I often get questions about meeting minutes from owners and from board members. Sometimes it's "how can I get them" or "do they have to be sent to members"? An owner has a right to get copies of minuntes of HOA and CONDO membership meetings and open board meetings, even if they have not yet been approved as final. (Notice I said "open" which does not include executive session meetings). The Davis Stirling Act says so. And it says they can request them - although owners may have to pay for... Posted on November 18, 2009 at 09:42 am

Rank This Week: 814

Abbott & Kindermann Land Use...

Abbott & Kindermann Land Use Law Blog

Covers land use, environmental, and real estate law in California.

http://blog.aklandlaw.com/

Nov 19
Approval of a Sales Tax Measure and an Investment Plan by the Regional Transportation Planning Body, as Part of a Sales Tax Measure to be Submitted to the Voters, Qualifies as Exempt from CEQA

/**/ By William W. Abbott The Santa Barbara COG is the local transportation authority for Santa Barbara County. As authorized by statute, the COG approved Measure A, which consisted of a sales tax measure for voter approval for transportation improvements and an investment plan, which served as the statutory Expenditure Plan. The COG then approved a resolution calling for the Board of Supervisors to put Measure A on the ballot. Petitioner challenged the COG approval on the basis that no CEQA... Posted on November 19, 2009 at 06:00 am
Nov 18
Vision California: Centralization of Land Use Planning at the State Level?

/**/ By Cori Badgley Traditionally, land use planning generally has been left to counties and cities. On a selected basis, the legislature has intervened and added an overlapping layer of state regulation, such as the Coastal Commission, Cal TRPA and BCDC. With state mandated housing elements, cities in particular have had to take a more regional perspective in addressing housing needs. SB 375 in 2008 added to the subtle shift in the local-state planning paradigm. Now, the state is embarking on... Posted on November 18, 2009 at 06:00 am
Nov 12
When a Fort is a Home: The Salvation Army, Fort Romie and Connecting Landless Men with Manless Land

By William W. Abbott Begun as a ministry in the 1850's to help the poorest of poor in East London, the Salvation Army came to the United States in 1880. As a small part of its overall mission of the salvation of souls ,the Salvation Army developed three farm colonies in the United States: Fort Romie (California), Fort Amity (Colorado) and Fort Herrick (Ohio). Fort Romie, located two miles south-southwest from Soledad, Monterey County, was the first of these colonies. The objective was to... Posted on November 12, 2009 at 10:00 am

Rank This Week: 819

California Condominium Law

Covers the community associaiton industry. By Adams Kessler.

http://davis-stirling.com/wordpress

Nov 15
Mother’s Proxy

QUESTION: My mother is well into her eighties and has significant hearing issues. When she was recently pointed out at a board meeting "put her up front, she can't hear." she became very embarrassed and refuses to attend any more board meetings. Can she appoint me, her daughter, as a proxy to attend all meetings? ANSWER: Yes, you can attend on her behalf. However, a proxy is not the correct form of authorization. Proxies apply only to membership meetings, not board meetings. A power of attorney... Posted on November 15, 2009 at 06:33 am by Adrian Adams
Nov 8
Power of Attorney to Run for the Board

QUESTION: My mother owns a condominium. As her son, I was given durable power of attorney and conservatorship and would like to run for the board. The HOA says I am not eligible since I am not an owner. My power of attorney allows me to represent my mother's interest in all matters. The condominium is her largest financial asset. Our Trust/Probate attorney believes the HOA is obstructing my lawful authority under provisions of the power of attorney. ANSWER: Your power of attorney allows you to... Posted on November 8, 2009 at 08:24 am by Adrian Adams
Nov 1
E-Mail Ballots

QUESTION: We have authorization from all homeowners to send all correspondence, billing, etc. by email. Can we also send election ballots by email? It is expected to be an uncontested meeting. ANSWER: Email ballots would be convenient and a less expensive than paper ballots. Unfortunately, they would not be "secret" as required by the Davis-Stirling Act if they are returned by email. The statute requires ballots be returned in a double envelope system. Depending on your governing documents you... Posted on November 1, 2009 at 07:24 am by Adrian Adams

Rank This Week: 822

AHI: United States

Covers affordable housing and sustainable housing ecosystems. By David Smith.

http://www.affordablehousinginstitute.org/blogs/us/

Jun 8
Capital's underground river: Mexican remittances

Even as an enormous underground river of people flows south to north across the American continent -- the vast human tide of illegal immigration from Mexico -- Flowing north across the Rio Grande it is counterbalanced almost perfectly by another vast underground river flowing north to south: a flow of capital, in remittances from workers back to their families at home. Out of sight, the money flows back south The south-to-north river is being fiercely debated, with Congressional proposals to... Posted on June 8, 2007 at 07:51 am
Jun 7
The mouse that roared: Disney's employer-obstructed housing, Part 2

/**/ [Continued from yesterday's Part 1.] Yesterday we saw that Disney, Anaheim's biggest employer, though it had lost a 3-2 city council vote regarding a proposed high-end residential development, was suing the city to block it and had secured support of at least one useful person, Anaheim's mayor, Curt Pringle. We're friends with the mayor! Mayor Pringle was apparently persuaded by the arguments of Disney's spokesman: Mr. Doughty of Disneyland said that hotels and restaurants, which operate... Posted on June 7, 2007 at 07:36 am
Jun 6
The mouse that roared: Disney's employer-obstructed housing

/**/ At a time when workforce housing, especially in blue states and cities, is becoming an ever-more-serious problem, particularly at the local level, some employers are forging partnerships with local government to create new affordable housing. And then there is Disney, which appears to be doing everything it can to keep 'those' people - who make the Magic Kingdom go - living far away from Disneyland. Bring your children, bring your dollars, but don't try to live near us As reported in the... Posted on June 6, 2007 at 07:37 am

Rank This Week: 830

PropertyProf Blog

By Professors D. Benjamin Barros and Alfred L. Brophy.

http://lawprofessors.typepad.com/property/

Nov 18
Lehavi on Takings and Taxings

Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted The Taking/Taxing Taxonomy on SSRN. Here's the abstract: Takings jurisprudence is engaged in a constant paradox. It is conventionally portrayed as chaotic and "muddy," and yet attempts by... Posted on November 18, 2009 at 06:57 am by propertyprof
Nov 13
Testing Theory on Property Exams

Does anyone offer a "pure" theoretical question on their property exam. This semester I assigned 88 pages out of Commodity and Propriety to force students to undertake careful reading in a different context other than cases. So we have weaved... Posted on November 13, 2009 at 09:18 am by propertyprof
Nov 13
More on Pfizer's Pull Out From New London . . .

From the New York Times, and at the Times' Room For Debate blog. Also, Tim Iglesias left this excellent comment to the last post on this subject: In all of the analysis and judgment cited concerning the failure of the... Posted on November 13, 2009 at 07:07 am by propertyprof

Rank This Week: 844

Build on This

Offers news, information and events affecting the real estate, construction and land use industry. By Buckingham Doolittle & Burroughs.

http://www.buildonthis.com/

Aug 15
Cleveland Construction, Inc. vs. Cincinnati, Slip Opinion No. 2008-Ohio-2337 Regarding Property Interests in Public Contract Bids

The Supreme Court of Ohio ruled on May 20, 2008 that no property interest is created when a city does not award a public contract to the low bidder based on the city's proper exercise of its discretion to reject bids deemed not to comply with requirements included in the bid invitation. The Court's 6-1 decision, authored by Justice Judith Ann Lanzinger, reversed a ruling in which the 1st District Court of Appeals held that a construction company that submitted the low bid for a portion of a... Posted on August 15, 2008 at 12:29 pm
Aug 15
The ADA Amendments Act of 2008 - On A Fast Track To The White House

By Denise J. Bleau, Esq., Buckingham, Doolittle & Burroughs, LLP The most significant Americans With Disabilities Act legislation since 1990 was passed by the House on June 25, 2008 by a vote of 402-17. The ADA prohibits discrimination based on a disability in employment, public accommodations, and other areas. Posted on August 15, 2008 at 09:34 am
Jul 30
Two recent Court of Appeals cases provide important considerations for those involved in zoning matters and purchasing and reselling subdivision lots.

By James Simon, Esq., Buckingham, Doolittle & Burroughs, LLP In White Castle System, Inc., et al. v. West Chester Township Zoning Commission (June 9, 2008), 12th Dist. No. CA2007-07-157, 2008-Ohio-2738, the Twelfth District Court of Appeals examined an appeal of a decision by the West Chester Township Zoning Commission that dictated the traffic patterns and location of the drive-thru window in a proposed restaurant. The Appellant, White Castle, argued that the location and layout of the... Posted on July 30, 2008 at 09:08 am

Rank This Week: 864

Ohio Real Estate Blog

Covers broker and realtor issues, construction and development, landords and tenants, and real estate taxation. By Kohrman Jackson & Krantz.

http://ohiorealestateblog.blogspot.com/

Nov 13
Ohio 3rd Quarter Residential Report: Sales Up; Prices Down (but not by much)

The National Association of Realtors reported this week that sales of previously owned single-family homes, condos and co-ops for 3rd Quarter 2009 were 11.7% higher than 3rd Quarter 2008. While it is estimated that 30% of the sales were due to foreclosures and "short sales", and many of the sales were aided by low prices and the federal tax credit, a positive trend seems to be emerging. Ohio was not alone, as thirty-two (32) states also saw 3rd Quarter sales volume increases. Prices also seem... Posted on November 13, 2009 at 01:42 pm
Oct 19
DON’T FORGET THE RULES OF THE GAME

(a Primer for Ohio Residential Property Landlords) Most real estate professionals agree that the residential-rental property "game" is still a good investment in these uncertain economic times. One of my friends at Johnson Capital recently announced their arranging of a ten (10) year, $4.9 Million loan on a 217 unit apartment building in Kansas City and expressed to me that they are very active in the residential-rental real estate market. As with any game, however, it is important to play by... Posted on October 19, 2009 at 10:17 am
Oct 13
University of Dayton May Buy NCR Headquarters

According to news reports released on Monday, October 12, 2009, the University of Dayton is in discussions with NCR Corp.to potentially acquire the former NCR world headquarters building in Dayton. That would be great news for the Dayton commercial real estate market. Click here to access the news article at the Dayton Daily News web site. This blog is for informational and educational purposes only. It does not constitute legal advice, and is not intented to create an attorney-client... Posted on October 13, 2009 at 10:42 am

Rank This Week: 910

Land Use Prof Blog

By Stetson_University Law Professor Paul Boudreaux.

http://lawprofessors.typepad.com/land_use/

Nov 23
Hamilton on Congressional Power over Land Use: Why RLUIPA is Unconstitutional

Marci A. Hamilton (Cardozo), one of the leading scholars on federalism and law & religion, has posted The Constitutional Limitations on Congress's Power Over Local Land Use: Why the Religious Land Use and Institutionalized Persons Act is Unconstitutional. The article... Posted on November 23, 2009 at 06:18 am by landuseprof
Nov 22
Building a Better Chicken Coop

Today I'm continuing on both my Colorado and my urban chickens themes. While I was in Boulder recently my friend Deborah Cantrell of University of Colorado (CU) told me about an effort by CU students to build a better backyard... Posted on November 22, 2009 at 11:48 am by landuseprof
Nov 20
New Preservation Battleground

A recent article by Stephanie Strom, "A Revolutionary Widow's Estate Becomes a Preservation Battleground," New York Times (Nov. 17, 2009), describes a brewing fight over one of the most significant of the great Hudson River properties: Montgomery Place. Click here... Posted on November 20, 2009 at 10:57 am by landuseprof

Rank This Week: 952

Traci D. Ellis

Covers real estate investing.

http://www.traciellis.com/blog

Nov 18
I’M BAAACCCKKKK!

Wow. What a difference a year makes. I've missed my readers. But while my blog has been down due to security and other technical issues, I've been busy re-tooling my practice and am happy to be back to blogging. So, what's new? Well, in the first quarter of 2010, I'll be adding a new practice area focused exclusively on women entrepreneurs. Why just women? Well, because women start new businesses at twice the rate that men do. And because I have a passion for women entrepreneurs. And because I... Posted on November 18, 2009 at 09:12 am by admin
Aug 29
The Lighter Side of Estate Planning

Estate planning isn't always serious business. Perhaps you're familiar with this well known joke: When a shy and homely young man found out he was going to inherit a fortune when his sickly father died, he decided he needed a woman with which to enjoy it. So one evening he went out to a singles bar where he spotted the most beautiful woman he had ever seen. Her face, her form, her hair, her smile. . . all were perfection. "I may look like just an ordinary guy," he told her, "but my father is on... Posted on August 29, 2008 at 07:49 pm by admin
Aug 27
Bravo for the Encore Career

We have a lot of posts on our blog about retirement issues; planning for it, saving for it, protecting it. But what if retirement could be not just an ending, but a new beginning? What if retirement was your opportunity to decide anew "what you want to be when you grow up?" Many new retirees are doing just this, turning retirement into an opportunity to do the thing they've always wanted but were afraid to try. Choosing a second "encore career" is attractive to retirees for a number of reasons,... Posted on August 27, 2008 at 07:07 pm by admin

Rank This Week: 996

A View from the Property Line

Covers community associations law in Texas. By William G. Gammon.

http://www.cailawyer.com/

Nov 16
Three Steps to Minimizing Insurance Premium Hikes

As a follow up to our last article, this entry details a few things that homeowner associations can do to manage their insurance policy premiums -- especially as annual policy premiums continue to spiral upward. (1) Consider taking a higher deductible. One way to manage fluctuations in premium is to request a higher deductible from your insurance carrier. Generally, there is an inverse relationship between the premium paid versus the deductible paid on any given policy (since the association is... Posted on November 16, 2009 at 07:53 am by William G. Gammon
Oct 21
Bad Weather Can Wreak Havoc on Association Insurance Policy Deductibles

As I sit here and stare out the window at the large droplets of rain pelting my office window, I am reminded of the critical role that insurance policies play in community association operations. Of course, here in the Gulf Coast region of the United States weather is always a topic of discussion - regardless of the season - since we are never more than an hour or two away from a massive deluge from the skies above. Pity the weather forecasters. Even though this year's "hurricane season" is all... Posted on October 21, 2009 at 01:33 am by William G. Gammon
Oct 12
Do's and Don'ts for Association Fining Systems

I dusted off this article from June 2002, but the information is as timely as ever. Especially with the sagging economy, more homeowners now more than ever might be letting their maintenance accounts slip or the conditions of their properties slide (because we all know that upkeep costs money, something that's in short supply these days). When standard deed restriction enforcement fails to get the required response from the offending homeowner, then an Association can consider implementing a... Posted on October 12, 2009 at 07:38 am by William G. Gammon

Rank This Week: 1014

K&L Gates Construction Law...

K&L Gates Construction Law Blog

A blog on legal issues, news, and regulations relating to the construction industry. Published by the Construction and Engineering Practice Group of K&L Gates.

http://www.klconstructionlawblog.com/

Nov 12
Maryland Gets Tough On Classification Of Workers As "Independent Contractors"

By Michael Schrier and Joel Rubinstein The State of Maryland is cracking down on what it perceives to be a problem with construction or landscaping contractors and subcontractors misclassifying workers as "independent contractors" instead of as "employees." Maryland's new enforcement mechanisms have the potential to impose significant penalties for misclassification. As a result of these new enforcement schemes, all construction companies with workers located in Maryland and who are classified... Posted on November 12, 2009 at 09:44 am
Oct 8
K&L Gates Arbitration World, October 2009

From the Editors Welcome to the 10th edition of Arbitration World, a publication from K&L Gates' Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution. We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email: peter.morton@klgates.com or ian.meredith@klgates.com). In This Issue &#xe2€&#xa2 News from around the World &#xe2€&#xa2... Posted on October 8, 2009 at 11:54 am
Sep 10
Pandemic Flu Risk for Major Projects

By Peter Dzakula, K&L Gates 1. What is the risk? Since the end of April 2009, when swine flu (Influenza A(H1N1)) was first reported in Mexico and the United States , swine flu has spread globally. It has been reported that there are now almost 36,000 cases in 76 countries (with over 6,000 cases in the UK ). As a result, the World Health Organisation has raised the swine flu alert to "Phase 6" and referred to it as a "global pandemic". At this stage, it has been reported that the symptoms of... Posted on September 10, 2009 at 02:28 pm

Rank This Week: 1021

the wasserblawg

Provides Chicago residential real estate information for buyers and sellers. By Michael H. Wasserman.

http://wasserblawg.blogspot.com/

Nov 10
CITY CLERK DEBUT'S NEW TIF PROPERTY SEARCH

WHY EVERY CHICAGO PROPERTY OWNER OUGHT TO CHECK IT OUT Those property tax bills every Cook County owner received over the last week or two? Did you notice how they have that very detailed table that shows you "who gets what" from your tax dollars? Pretty detailed, right? Well maybe not so much, if your property is in one of the City's Tax Increment Financing districts (TIFs). TIFs cover nearly one third of the City now. TIF districts divert money from the regular property tax stream to help... Posted on November 10, 2009 at 10:09 pm by The Bicycling Barrister
Nov 4
THANK YOU

More than 2,300 new Illinois lawyers will be admitted to the bar today, nearly 1,900 more for the Chicago area. Welcome to the fraternity - make sure they show you the secret handshake. That swells our ranks to roughly 86,000 souls. Collectively, we only closed 76,800 or so home and condo sales in the first 9 months this year - which works out to fewer than one contract per counselor - ok - 2 per, if you allow for a buyer's lawyer and a seller's lawyer on each deal. I have been fortunate to... Posted on November 4, 2009 at 09:51 pm by The Bicycling Barrister
Nov 3
NOVEMBER MONTH END CLOSINGS - A Warning

Many are first time home buyers trying to squeak "under the wire" in hopes of closing contracts before November 30th - the sunset date for the Federal First Time Home Buyer's Tax Credit. The impending deadline presents some unique challenges for Buyers and Sellers. That November 30th deadline comes smack dab at the end of the Thanksgiving day weekend. (What genious in Washington did that?) That means a host of closings are being scheduled for Friday the 27th and Monday the 30th the last two... Posted on November 3, 2009 at 01:10 am by The Bicycling Barrister

Rank This Week: 1027

Nolo's Real Estate Tips for Home...

Nolo’s Real Estate Tips for Home Buyers

Covers homebuying, mortgages, and homeownership. By Nolo.

http://blogs.nolo.com/realestate

Nov 5
Green Tips for Home Moving

The "Green Guru" (Susan Cosier) of Audubon Magazine fielded an interesting question this month: A reader was curious about how to move in an environmentally friendly way. Here's a quick summary of her fine suggestions: Look for moving companies that have incorporated green practices. For names, try the website of GreenMoversUSA. The website's owner, Mark Ehrhardt of Brooklyn-based Movers Not Shakers, uses biodiesel trucks and reusable plastic packing containers. Apropos of the above, buy some... Posted on November 5, 2009 at 08:39 am
Oct 27
Movers Have Cell Phones, Too!

I thought our book Nolo's Essential Guide to Buying Your First Home had a pretty complete list of what to do when planning a move -- but this recent article in The New York Times mentions something we forgot: Ask for the cell phone numbers of the people actually driving off in the moving van with your stuff, and give them your cell phone numbers! Who knows what mini-disasters this might avert . . . . The article also gives some handy costs breakdowns on everything from cardboard boxes to truck... Posted on October 27, 2009 at 04:43 pm
Oct 19
Selling in a Market Thick With Foreclosures?

If you're selling a home with lots of competition from foreclosures, you probably feel like you've got some unfair competition -- they can sell for cheaper than you can or want to go. However, Amanda Gengler of Money magazine's October, 2009 issue makes an important point for home sellers in this situation: It's better to try distinguishing yourself from the competition, not undercutting it. Foreclosures are often in crummy condition -- trashed, even. If you spruce your house up to where it's... Posted on October 19, 2009 at 04:24 pm

Rank This Week: 1036

Section 1031 Tax Deferred...

Section 1031 Tax Deferred Exchanges Blog

Discusses Section 1031 of the Internal Revenue Code, which deals with tax deferral of profits from investment property or property used in a trade or business. By Stephen A. Wayner.

http://www.blog1031.com/blog1031com/

Sep 21
YOU DON'T HAVE TO BE RICH TO BE AUDITED BY IRS

The following is an excerpt from an article that appeared in the April 2009 issue of Smart Money--it confirms what I already knew--"The IRS's job is to enforce the tax laws enacted by Congress and to collect what's due. Its primary weapon? the Audit, whose use has more than doubled since 2000, to surpass 1 percent of all returns, according to the Transactional Records Access Clearinghouse, a Syracuse University data-research organization. The increase can be attributed to the rising number of... Posted on September 21, 2009 at 03:24 am by Stephen A. Wayner, Esq., C.E.S.
Sep 21
YOU DON'T HAVE TO BE RICH TO BE AUDITED BY IRS

The following is an excerpt from an article that appeared in the April 2009 issue of Smart Money--it confirms what I already knew--"The IRS's job is to enforce the tax laws enacted by Congress and to collect what's due. Its primary weapon? the Audit, whose use has more than doubled since 2000, to surpass 1 percent of all returns, according to the Transactional Records Access Clearinghouse, a Syracuse University data-research organization. The increase can be attributed to the rising number of... Posted on September 21, 2009 at 03:24 am by Stephen A. Wayner, Esq., C.E.S.
Sep 17
ARE THERE DIFFERENT TYPES OF SECTION 1031 EXCHANGES? THE SIMPLE ANSWER IS YES !!

The Federation of Exchange Accommodators explains: What are the different types of exchanges? Simultaneous Exchange: The exchange of the relinquished property for the replacement property occurs at the same time. Delayed Exchange: This is the most common type of exchange. A Delayed Exchange occurs when there is a time gap between the transfer of the Relinquished Property and the acquisition of the Replacement Property. A Delayed Exchange is subject to strict time limits, which are set forth in... Posted on September 17, 2009 at 03:20 am by Stephen A. Wayner, Esq., C.E.S.

Rank This Week: 1065

New Jersey Eminent Domain Law Blog...

New Jersey Eminent Domain Law Blog

By William J. Ward.

http://www.njeminentdomain.com/

Mar 28
Notice to commercial tenants in eminent domain cases

Iron Mountain Information Management, Inc. v. City of Newark et al (A6561-06). Download the case here. Commercial tenants are not entitled to notice provisions of the Local Redevelopment Housing Law according to a recent decision of the New Jersey Appellate Division. In a unanimous decision approved for publication, the court affirmed Summary Judgment granted by the trial court to the City of Newark. The tenant, Iron Mountain Document Systems, Inc., has a long-term lease of a 350,000 square... Posted on March 28, 2009 at 07:53 pm by Bill Ward
Dec 2
Rejected redevelopment revisited by Union Township

Union Township business owner Raul Rodriguez was one of 22 property owners who successfully fought the blight designation and the use of eminent domain in Union Township, New Jersey. This Friday, December 5, attorneys for Union Township will move before the Hon. Walter R. Barisonek for reconsideration of the court's rejection of the township's redevelopment plan. The township will present their alternative theory for rehabilitation, in place of redevelopment. This theory is equally without... Posted on December 2, 2008 at 07:56 am by Bill Ward
May 15
Halper Farm eminent domain verdict affirmed

The Halper family has had a long, tortuous history with the township of Piscataway regarding the acquisition of their farm. The township condemned the 75-acre farm for open space on December 10, 1999. Piscataway offered $4.326 million as its estimate of just compensation pursuant to N.J.S.A. 20:3-6. The jury awarded awarded $17.9 million as of September 3, 2004 - the date of the filing of the declaration of taking and the deposit with the Superior Court Trust Fund. The initial deposit of $4.326... Posted on May 15, 2008 at 08:07 pm by Bill Ward

Rank This Week: 1111

Real Estate - Construction - Lien...

Real Estate - Construction - Lien Law Blog

By Levy • von Beck.

http://levy-law.com/blog

May 30
Is it ever too early to send a preliminary notice?

As you may know, the deadline for sending a notice to owner (preliminary notice) varies from state to state and is also a function of the project type (private, public, federal). The State of Oregon requires that a notice to owner be post-marked within 8 business of the claimant's first performance. Of course, it will relate back if mailed out on the 10th or 15th day, but we'll leave that for another blog. So, the question then becomes, what happens if a supplier sends the preliminary notice... Posted on May 30, 2008 at 11:38 am by Dave
May 26
When the 90-Day Filing Requirement is Waived on a Miller Act Project

The Miller Act (40 USC &#xc2&#xa73131 et seq.), which controls the bond claim process on federal construction projects, sets forth specific notice requirements if a party wishes to secure its receivable by claiming against the general contractor's payment bond. The two requirements are: 1. Submit a notice of claim to the general contractor by certified mail or personal service within 90 days of the last day of performance. 2. Foreclose the claim within 1 year of the last day of performance. However,... Posted on May 26, 2008 at 12:31 pm by Dave
May 26
The Miller Act and Pay-if-Paid Clauses

Construction contracts between general contractors and their sub-trades often contain what is called a "pay-when-paid" (or "pay-if-paid") clause. When a contract has this kind of a clause, the contractor is trying to relieve itself of the responsibility of paying its sub-trades until the contractor has been paid by its customer. On private works projects, if this kind of clause is allowed, the sub-trade is generally required to wait - and wait - for payment until its customer is paid. The exact... Posted on May 26, 2008 at 12:23 pm by Dave

Rank This Week: 1150

Virginia Condominium &...

Virginia Condominium & Homeowners Association Lawyer

Covers association meetings, board responsibilities, construction defects, covenant enforcement, developer issues, leasing restrictions and renovation projects. By Inman & Strickler.

http://www.vahoalaw.com/

Oct 16
Board control over communication among Association members

A comment was recently posted to Mike Inman's article about the limits of Board authority. The commenter asked: 1. What authority does a Condo or HOA Board have to censor the content of: (a) a community newsletter? (b) a community website? (c) notices posted on a community notice board? 2. What authority does a Board have to prohibit Owners (or other Residents) from puttng notices or flyers (relating to community matters)on or uder doors in the community? The answers to these questions nicely... Posted on October 16, 2009 at 01:14 pm by Steven Lauer
Oct 5
Insurance and Collections

/**/ We bring you news on two popular topics; Insurance and collections. Two of our team members, Jeanne Lauer and Mike Inman, recently participated as presenters in an enjoyable association Leadership Retreat sponsored by two Virginia CAI chapters at the Boars Head Inn in Charlottesville and hope to repeat the experience next year - as do most who attended. It was a first time event which was well organized and executed. Much credit goes to our local Chapter Executive Director, Rebecca... Posted on October 5, 2009 at 07:13 am by Mike Inman
Sep 18
For Sale Signs in Yards

QUESTION: I live in a condominium townhouse and recently placed a "For Sale" sign in my yard. I was notified by the Association Manager that my sign was not allowed and would have to be removed. She also sent me the "guidelines" for all signs which has all sorts of information about the size of the sign, what it can say, whether it can be hand-painted, etc. When I bought this house I know there were lots of signs that don't sound like they were alright under the guidelines. Are they serious?... Posted on September 18, 2009 at 08:30 am by Jeanne Lauer

Rank This Week: 1207

Green Building Law

Covers legal issues related to green building and sustainable development. By Shari Shapiro.

http://www.greenbuildinglawblog.com/

Nov 19
MSNBC Appearance Discussing Stimulus Money For Green

Many of my readers have requested a clip of Green Building Law Blog's appearance on MSNBC discussing the amount of stimulus funding going to green projects. The link is below: [www.msnbc.msn.com] Posted on November 19, 2009 at 11:59 am
Nov 17
How Green Is Your Stimulus--Year End Check In On Green Spending Under The ARRA

In July, I wrote an analysis of the "green" spending in the American Reinvestment and Recovery Act-ARRA, also known as the "stimulus bill." I concluded that as of July the spending on green programs accounted for only .28% of the total allocation for those programs in the ARRA-- $33.2 million had been paid out for green stimulus programs, and an additional $307 million in public transit dollars. So&#xe2€&#xa6where are we four months later? More money has been paid out--about $1.5 billion--but it pales... Posted on November 17, 2009 at 08:25 am
Nov 16
Shari Shapiro On MSNBC

I know, I said I was going on maternity leave, but before I do so, I will appear on MSNBC tomorrow, November 17, 2009 at 2:30 E.S.T. to discuss green spending through the American Reinvestment and Recovery Act, also known as the stimulus bill. My original post on this topic is available here. Posted on November 16, 2009 at 01:49 pm

Rank This Week: 1238

National Eminent Domain Blog

Covers eminent domain news with a focus on Michigan. By Ackerman Ackerman & Dynkowski.

http://www.nationaleminentdomain.com/

Nov 20
Kinder Morgan Project

Summary of the Proposed Project Kinder Morgan proposes to construct and modify its existing Huntsman Storage Facility. Kinder Morgan says that the completion of the Huntsman Ridge Expansion Project would benefit the Rocky Mountain region by meeting the immediate and longterm needs of the region as well as providing flexibility in managing and storing gas supplies. Kinder Morgan is proposing to: &#xc2&#xb7 Abandon in place two 1,200 foot sections of 8inch diameter pipeline; &#xc2&#xb7 Install two... Posted on November 20, 2009 at 11:50 am
Nov 18
Florida Dept of Transportation Public Hearing

TBO ZEPHYRHILLS - The Florida Department of Transportation's plans for widening U.S. 301 between Zephyrhills and Dade City involves very little widening. The department studied two options for widening the 71/2-mile road to six lanes, but project costs would have ranged from $85 million to $215 million. Both plans would have forced the department to buy extensive right of way and could have forced the closure of more than 30 businesses. So instead, the DOT will recommend widening only the... Posted on November 18, 2009 at 12:32 pm
Nov 16
Public Interest

The Badger Herald Most people would agree that taking someone's property against his will is immoral. Forcing your neighbor to sell his house, for instance - regardless of the amount offered - would be morally repugnant. After all, the essence of a fair transaction - a trade - is the consent of both buyer and seller. Since your neighbor's house belongs to him, taking his property against his will is clearly an act of theft. If "public interest" is to have any meaning at all, it can only mean... Posted on November 16, 2009 at 06:35 am

Rank This Week: 1269

Florida Eminent Domain Law Blog

Covers eminent domain and property rights. By Brigham Moore.

http://blog.eminentdomain.com/

May 5
Florida Legislature Seeks An End To Nation's Last Alien Land Law

In the 2009 session the Florida Legislature, via joint resolution of the House and Senate, proposed an amendment to the Florida Constitution which would eliminate the last alien land law remaining on the books in the United States of America. To do so, the Legislature seeks to place a proposed amendment on the next statewide ballot to eliminate an antiquated constitutional provision which allows the legislature to regulate or prohibit the ownership, inheritance, disposition, and possession of... Posted on May 5, 2009 at 12:41 pm
Sep 15
Private Corporations in Florida Wield The Government's Power of Eminent Domain

/**/ From the outer reaches of the panhandle, down to the tip of the Florida Keys, and in all places in between, Floridians should expect to see more and more visible signs of an increase in expansion activities by private utility companies in the coming months, particularly in the area of energy infrastructure. Providers of electric power and natural gas are seeking to improve and expand Florida's energy infrastructure in an effort to catch up with the state's rapid growth of the last ten... Posted on September 15, 2008 at 08:07 pm
Sep 15
Private Corporations in Florida Wield The Government's Power of Eminent Domain

/**/ From the outer reaches of the panhandle, down to the tip of the Florida Keys, and in all places in between, Floridians should expect to see more and more visible signs of an increase in expansion activities by private utility companies in the coming months, particularly in the area of energy infrastructure. Providers of electric power and natural gas are seeking to improve and expand Florida's energy infrastructure in an effort to catch up with the state's rapid growth of the last ten... Posted on September 15, 2008 at 08:07 pm

Rank This Week: 1312

Commercial Real Estate Update

Covers commercial real estate law, as well as recent commercial real estate developments and transactions. By Aronson Light LLP.

http://www.commercialrealestateupdate.com/

Dec 16
Critical Issues for Retailers in Vertical Mixed-Use Projects

Introduction. Retailers leasing space in mixed-use projects encounter critical issues that might be of little or no concern in traditional shopping centers. Vertical mixed-use projects (multi-story buildings with subterranean parking or attached parking structures, one or more floors of retail at the base, and offices, apartments or condominiums above) present even greater challenges. This article addresses some of these issues and offers practical suggestions for their resolution. Background.... Posted on December 16, 2007 at 10:59 am
Oct 11
Retail Tenants Adjust to Mixed-Use and Lifestyle Centers

If you haven't been to the mall recently, you might not recognize it. The traditional enclosed shopping center is undergoing a major transformation. Empty department stores are being reconfigured or demolished, parking structures are being built to free up surface parking areas for development, and outdoor lifestyle centers are being constructed as extensions of enclosed mall areas. Big box tenants are relocating stores from nearby strip centers and power centers and learning to live with... Posted on October 11, 2007 at 11:15 am
Sep 30
Hollywood Palladium Saved From Wrecking Ball

Thanks to the vigilance of local presevation group Hollywood Heritage, the historic Hollywood Palladium theater has been saved from demolition. The Los Angeles City Planning Department seems to have forgotten that a 1986 ordinance protects hundreds of historic structures within the Hollywood neighborhood; but in their defense it is only recently that developers have been willing to take a chance on new construction in the dilapidated area and so planners may be unfamiliar with the ordinance.... Posted on September 30, 2007 at 08:49 am

Rank This Week: 1317

The Texas Property Lawyer

Covers real estate development, construction, leasing & finance. By Ryan Roberts PC.

http://www.thetexaspropertylawyer.com

Jan 25
How To Lease Office Space

If you are looking for a primer with tips and suggestions about how to lease office space and commercial real estate, I authored a 3-part series on this subject at another legal blog, The Startup Lawyer. It's a pretty decent size read but it is also one of the most popular blog entries. Posted on January 25, 2008 at 08:42 pm by Ryan
Aug 2
Reserve the right to cancel lease when landlord is slow to construct

The increase of commercial office space construction, primarily of the 1,000 to 5,000 square feet office park variety, is providing businesses with more location options and the ability to occupy brand new office space. However, signing a lease for office space not yet built can lead to negative consequences when the landlord doesn't finish construction on time. It's difficult to plan an office move and being delayed due to slow construction will only add to the burden of running your business,... Posted on August 2, 2007 at 07:05 am by Ryan
Jul 31
What to negotiate on your commercial office space lease

Most businesses require office space. While a commercial office space agreement constitutes a huge financial commitment for these businesses, most often these leases are signed quickly without thorough review or negotiation. Here are a list of some issues that should be negotiated before your company signs a commercial office lease: -Right to renew the lease -Right to cancel the lease -Insurance requirements -Personal guarantees of the lease -Security deposit -Option for additional space if... Posted on July 31, 2007 at 06:46 am by Ryan

Rank This Week: 1390

Weiss Berzowski Brady LLP

Weiss Berzowski Brady has produced legal podcasts on a variety of topics.

http://www.wbb-law.com/podcast/

Mar 13
501(c)(3)s: Obtaining and Maintaining Your Organization's Tax Exempt Status - Robert B. Teuber

Conservation easements, a private land use restriction voluntarily placed on a piece of land in order to protect it from further development, and tax relief opportunities are discussed in this podcast. Susan Marguet addresses the significant tax benefits family farmers, ranchers and other moderate-income landowners can obtain by making a charitable donation of a conservation easement. Posted on March 13, 2007 at 03:07 am

Rank This Week: 1405

Eminent Domain Blog

Covers condemnation and real estate law. By David B. Snyder of Fox Rothschild, LLP.

http://eminentdomain.foxrothschild.com/

Nov 22
Audit Faults Accounting on Philadelphia Anti-blight Effort

A Philadelphia City Controller audit found significant accounting and reporting problems with former Mayor John Street's anti-blight effort, the Neighborhood Transformation Initiative. The 15-month audit determined that millions in bond funds were mismanaged because of a lack of accountability within NTI. The audit found that NTI, as of June 30, 2008, had failed to make nearly $13 million in payments on nearly 1,500 condemned properties awaiting settlement in court. Last year, current Mayor... Posted on November 22, 2009 at 03:17 pm
Sep 21
NAIFA Issues Response To Home Valuation Code of Conduct

The National Association of Independent Fee Appraisers (NAIFA) has issued a response to the Home Valuation Code of Conduct (HVCC). The HVCC became effective for single-family mortgage loans (except government-insured loans) originated on or after May 1, 2009, and delivered to Fannie Mae and has been a source of controversy for appraisers and lending institutions. In its response, the NAIFA acknowledges a lot of the concerns about the HVCC that have been expressed by various segments of the... Posted on September 21, 2009 at 03:18 am
Sep 17
Eminent Domain Remains In The News

There can be no question that eminent domain remains a hot button issue. Regardless of your role in an eminent domain project, it is critical to always be mindful of this fact which was made evident by two recent articles. In one, George Will wrote an op-ed article regarding a Texas case in which an author was sued for defamation regarding her description of the use of eminent domain for a project for a Dallas developer. The author, Carla Main discussed that condemnation project in her book... Posted on September 17, 2009 at 03:44 am

Rank This Week: 1420

nearlylegal

Covers housing law, legal aid and other topics.

http://nearlylegal.co.uk/blog

Nov 22
Succession – the afterlife of the tolerated trespasser

R (Neville) v London Borough of Wandsworth [2009] EWHC 2405 (Admin) [not on Bailii yet] This was a renewed application for permission for a Judicial Review of Wandsworth's refusal of a discretionary succession. Mr Neville had been living with his mother. Mrs Neville had a secure tenancy from Wandsworth from 1999. In April 2004, a suspended possession order was made against Mrs Neville, which stated that she was to give up possession on 12 May 2004, not to be enforced on conditions. Mrs Neville... Posted on November 22, 2009 at 03:13 pm by NL
Nov 22
Tenancy Deposit – Tiensia revisited

We reported the County Court hearing of Universal Estates v Tiensia in this post. Since then we have heard of developments in this case, with a tantalising hint of a higher court judgment in the offing. Tiensia at County Court first instance found that late compliance in protecting the deposit and sending the required information was not 'complying with the initial requirements of the scheme' (s.213 HA 2004) because the requirements of the scheme itself, Tenancy Deposit Solutions Limited,... Posted on November 22, 2009 at 11:47 am by NL
Nov 20
The track to the old Piggery

Thompson v Bee [2009] EWCA Civ 1212 illustrates a neat point of property law and inheritance that could come up in a variety of circumstances but in this concerns an easement. In Hamsterley stands Pear Tree House on the main village street. Round the side and to the back of the house runs the Track which leads ultimately to a plot of land known to locals as the Garth where there was at one time a piggery and slaughterhouse. Mr and Mrs Bee now live in the House and Mr Thompson owns the Garth. He... Posted on November 20, 2009 at 10:51 am by Francis Davey

Rank This Week: 1421

HOA Law Blog

News, editorial comment and legal information of interest to California community associations and those that manage and service them. By Southern California HOA lawyers Swedelson & Gottlieb.

http://www.hoalawblog.com/

Nov 5
What Makes a Rule Reasonable or Unreasonable?

We are often asked by Boards about what is a reasonable rule. The answer is that I know it when I see it. We prepared an article that addresses this very issue. Click here for that article, "What Makes a Rule Reasonable or Unreasonable? I Know It When I See It!" By David C. Swedelson, Senior Partner of Swedelson & Gottlieb. Posted on November 5, 2009 at 03:49 pm by David C. Swedelson
Nov 5
No, You Cannot Adopt a Rule that is More Restrictive than the Provisions of the Association’s CC&Rs

Knowingly or unknowingly, sometimes boards adopt rules which are in conflict or more restrictive than the association's CC&Rs. For example, they make specific rules regarding prohibitions on the installation of washing machines when the CC&Rs are silent on the matter. Boards sometimes prohibit hard surface flooring when this is likewise not covered by their association's CC&Rs. We sometimes see rules that limit the number of or size of animals that homeowners are able to maintain... Posted on November 5, 2009 at 09:26 am by David C. Swedelson
Nov 4
Swedelson & Gottlieb’s Sandra Gottlieb Elected to Board of Channel Islands Chapter of Community Associations Institute; Will Serve as the Chapter's President-Elect

Swedelson & Gottlieb is proud to announce that our firm's senior and managing partner Sandra Gottlieb has been elected to the Board of Directors of the Channel Islands Chapter of Community Associations Institute (CAI). She will serve as President-Elect in 2010 and as the Chapter's President in 2011. Sandra looks forward to leading the Chapter to continued success and furthering our firm's committment to supporting California's community associations and all that serve and work with them.... Posted on November 4, 2009 at 12:06 pm by David C. Swedelson

Rank This Week: 1483

Hotel Law Blog

Covers condo hotels, finance, land use, management agreements, and outlooks and trends. Published by Jim Butler of Jeffer Mangels Butler & Marmaro LLP.

http://hotellaw.jmbm.com/

Nov 3
Occupancy tax update on internet hotel booking: More lawsuits against Expedia and online travel companies (OTCs) over "lost" bed taxes -- Why hotels should care about the transient occupancy tax (TOT) battle

By Jim Butler and Jim Abrams | JMBM's Global Hospitality Group&#xc2&#xae Hotel Lawyers | Authors of www.HotelLawBlog.com 3 November 2009 Hotel Lawyer: The transient occupancy tax litigation by cities and local governments continues to mushroom. On November 3, Florida filed one of the first lawsuits against Expedia and Orbitz for lost bed taxes, but using the Florida Deceptive and Unfair Trade Practices Act. Although October was a big month in the OTC battles, November may be even bigger. Today, we are... Posted on November 3, 2009 at 09:04 pm
Nov 1
Hotel Occupancy Tax Alert: online travel company suits over transient occupancy taxes raise - 5 things every hotel owner and operator needs to

/**/ By Jim Butler and Jim Abrams | JMBM's Global Hospitality Group&#xc2&#xae Hotel Lawyers | Authors of www.HotelLawBlog.com 1 November 2009 How Expedia, Orbitz, Travelocity and other online travel companies (OTCs) create huge headaches for owners and operators on their suits over hotel occupancy taxes. Billions of dollars of hotel rooms have been sold through the online travel companies or OTCs. Generally speaking, no transient occupancy taxes (TOT) or bed taxes, have been paid on the portion of... Posted on November 1, 2009 at 05:00 pm
Oct 1
Hotel Lawyer: Distressed hotel investments -- Maximizing the value for Lenders, Borrowers and Investors

/**/ By Jim Butler and the Global Hospitality Group&#xc2&#xae Hotel Lawyers | Authors of www.HotelLawBlog.com 01 October 2009 This is one of many articles on the subject of "troubled hotel loans - workouts, bankruptcies & receiverships" in the rich library at www.HotelLawBlog.com. Our national hotel practice focuses on being the legal and business advisors for lenders, borrowers and investors. With the hotel industry suffering a record-breaking collapse of revenues and no immediate relief in sight,... Posted on October 1, 2009 at 06:01 pm

Rank This Week: 1490

New York Zoning and Municipal Law...

New York Zoning and Municipal Law Blog

Covers adverse possession, environmental law, municipal law, zoning and land use. Published by Silverberg Zalantis.

http://blog.szlawfirm.net/

Oct 27
New York Court of Appeals Expands Criteria for Standing to Bring a SEQRA Challenge

The New York Court of Appeals has held that a person who can demonstrate greater enjoyment of a natural resource than the general public has standing under the State Environmental Quality Review Act (SEQRA) to challenge an action by a governmental entity which may threaten such a natural resource. In Matter of Save the Pine Bush v Common Council of the City of Albany, the Court held that both the individual petitioners and the organization had standing to challenge an action that allegedly... Posted on October 27, 2009 at 12:34 pm by Silverberg Zalantis LLP
Oct 11
Failure to Exhaust Adminstrative Remedies Bars Claim for Certificate of Occupancy

In an action to compel issuance of a certificate of occupancy, the Appellate Division upheld the action of a building inspector on the grounds that the property owner had failed to appeal to the zoning board of appeals before starting an action, thereby failing to exhaust its administrative remedies. In Matter of Vinrus v. the Village of Pelham Manor Building Inspector, the building inspector had issued a notice that the property owner was required to obtain a certificate of occupancy for a new... Posted on October 11, 2009 at 03:09 pm by Silverberg Zalantis LLP
Oct 5
Deceitful Conduct May be a Basis for Denial of an Area Variance

The Appellate Division held that under certain circumstances a zoning board may consider deceitful conduct by an applicant in reaching a determination to deny an area variance. In Matter of Caspian Realty, Inc. v Zoning Board of Appeals of the Town of Greenburgh, the court reiterated that a zoning board of appeals may only apply the five criteria set forth in Town Law section 267-b (3) for granting or denying an area variance but "an applicant's deceitful conduct may form the basis for the... Posted on October 5, 2009 at 07:10 am by Silverberg Zalantis LLP

Rank This Week: 1498

Equine Law Blog

Updates and articles on equine law. By Alison Rowe, Attorney at Law.

http://equinelaw.alisonrowe.com/

Sep 3
Advice for Lawyers: How to Develop an Equine Law Practice

I get a lot of inquiries from lawyers and law students about how they can develop a niche practice in equine law. Below are the most common FAQs and my responses. 1. Is there enough business in equine law to make a living? The answer to this is a resounding "yes"! I honestly do not believe the state in which you live will dictate this, either. I left a big firm 2 years ago and have been exclusively handling equine matters since then. I now have more business than I know what to do with. And I... Posted on September 3, 2009 at 06:35 pm
Jul 25
Lien for Texas Large Animal Vets to Take Effect September 1, 2009

Beginning September 1, 2009, all large animal veterinarians in the state of Texas will have a lien on treated animals to secure payment of vet bills. This lien will be effective both before and after the animal is released to the owner. Prior to the effective date of this legislation, veterinarians have no statutory lien on treated animals to secure veterinary services other than board. See "Liens for Veterinarians and Farriers in Texas" (February 18, 2008) As of January 2009, twenty-eight... Posted on July 25, 2009 at 05:59 pm
Jul 10
What Documents Do You Need To Sell A Horse?

Horses are not required to be registered in any particular place or with any particular registry. In fact many horses are not registered at all. The way to clearly evidence the transfer of ownership of a horse is to document the transaction with a purchase and sale agreement, followed by a bill of sale. It is important to start any transaction with a purchase and sale agreement as opposed to a bill of sale. This agreement should contain all the terms upon which the buyer and seller have agreed,... Posted on July 10, 2009 at 01:40 pm

Rank This Week: 1521

The Fonteneau Firm LLC

Covers criminal law, landlord tenant law and personal injury law. By Kira Fonteneau.

http://thefonteneaufirm.com/

Jul 8
U.S. SUPREME COURT: STATE’S FORENSIC EXPERTS CAN BE REQUIRED TO TESTIFY

In one of the last decisions of the term, the U.S. Supreme Court made it clear that criminal defendants have the right to cross-examine the forensic experts who create lab reports introduced at trial. The ruling in Melendez-Diaz v. Massachussets upholds the principal that a defendant has a constitutionally guaranteed right to confront his/her accusers. In the past, some states had allowed the prosecution to introduce a certified affidavit indicating the results of forensic analysis into... Posted on July 8, 2009 at 10:18 am by Kira Fonteneau
Jul 6
YOUR LANDLORD TENANT QUESTIONS ANSWERED

For many Alabama landlords the Landlord Tenant laws can seem like a maze of confusing rules. Not following the rules can cost landlords valuable time and money. So, in an effort to demistify the process, I will be answering some of the most commonly asked landlord tenant questions. Today's Question? My tenant's utilities have been turned off. Can I re-take possession of the unit? Retaking possession of a property can be a tricky situation. Landlords who wish to take possession when it is not... Posted on July 6, 2009 at 09:30 am by Kira Fonteneau
May 3
I WAS PULLED OVER, CAN THE POLICE SEARCH MY CAR?

We have been discussing common questions about criminal law. Today's Topic: Can the police search my vehicle if they pull me over? If you have been pulled over for a minor traffic violation, ordinarily the police may not search your vehicle for other contraband even if you are arrested for the ticket. The important question to ask when determining if the officer may search a vehicle is whether the original citation encounter has ended. If the citation encounter has ended the police typically... Posted on May 3, 2009 at 02:08 pm by Kira Fonteneau

Rank This Week: 1529

Business, Real Estate and Estate...

Business, Real Estate and Estate Planning Blog

Covers business management, and estate planning. By Strong & Hanni.

http://businesslaw.strongandhanni.com/

Jan 28
The Worker, Retiree, and Employer Recovery Act of 2008 suspends mandatory withdrawal rules for 2009, provides PPA technical corrections and freezes some contribution requirements.

/**/ On December 23, former President Bush signed into law the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA 2008). WRERA 2008 provides a number of relief provisions for qualified plan sponsors and their beneficiaries and individual retirement arrangements. Required Minimum Distribution Relief for 2009 WRERA 2008 includes provisions that eliminate Required Minimum Distributions for distribution year 2009 for IRA's, qualified employer defined contribution plans (including 401(k)... Posted on January 28, 2009 at 09:22 am
Nov 11
CHARITABLE GIFTS BY IRAS UNDER THE EMERGENCY ECONOMIC STABILIZATION ACT OF 2008

Congress recently enacted and the President signed into law the Emergency Economic Stabilization Act of 2008. Among other things, this new legislation included the extension of provisions of the Pension Protection Act of 2006 relating to IRA distributions to qualified charities. The provisions of the 2006 law (which expired at the end of 2007) now continue to be effective for distributions made in 2008 and 2009. Qualified distributions directly from an IRA to a charity are not reportable as... Posted on November 11, 2008 at 07:54 pm
Oct 17
IMPORTANT PROTECTIONS WHEN USING A PAYROLL AGENT

We recommend that any of our clients using payroll agents protect themselves, because the IRS has taken the position that a business is on the hook for unemployment taxes if the payroll agent goes bankrupt. Among the steps the IRS has recommended are the following: 1. Make sure the agent has posted a fiduciary bond; 2. Insist that all IRS correspondence regarding your company's payroll taxes come to you, not to your payroll agent; and 3. Make sure that your payroll agent deposits your taxes... Posted on October 17, 2008 at 08:24 pm

Rank This Week: 1546

Urban Law Journal

Covers the nexus between the law and urban affairs. By David Simunovich.

http://urbanlawjournal.blogspot.com/index.html

Aug 26
Prime Mortgage Defaults Grow Faster than Subprime Defaults

Defaults in prime mortgages -- loans made to borrowers with relatively high credit ratings -- outpaced delinquencies in subprime loans, as reported by the Economic Times. However, overall delinquency rates for subprime loans remains considerably higher for subprime loans. To wit: "Overall, delinquencies on 2007 prime jumbo loans rose to 3.22 per cent in July, while Alt-A loan delinquencies increased to 14.56 per cent, S&P said. Defaults on subprime loans from last year hit 31.25 per cent."... Posted on August 26, 2008 at 12:55 pm
Jul 3
DC Public Schools & Performance-Based Compensation

Michelle Rhee, a Teach For America alum and current chancellor of DC public schools, is proposing a ground-breaking change to teacher compensation in the District's public schools. From the Washington Post: D.C. Schools Chancellor Michelle A. Rhee is proposing a contract that would give mid-level teachers who are paid $62,000 yearly the opportunity to earn more than $100,000 -- but they would have to give up seniority and tenure rights, two union members familiar with the negotiations said... Posted on July 3, 2008 at 01:19 pm
Jun 26
The Housing Crisis -- Part 3 of 3

WaPo's third installment in its analysis of the housing crisis focuses on a less visible (at least compared to the more visible increase in foreclosure filings) effect of the imploding subprime lending market -- namely, the impact on state run investment funds. To wit, Florida officials prohibited local officials from withdrawing funds from its state investment pool. The funding restriction tied up millions of dollars -- some of which prevented school administrators from paying staff. Local... Posted on June 26, 2008 at 12:34 am

Rank This Week: 1565

California Property Rights Journal...

California Property Rights Journal

Focuses on property rights, land use and regulation in the Golden State. By Hart, King & Coldren.

http://www.capropertyrights.com/

Jul 30
Global Warming As the New Anti-Growth Tool

The environmental movement has been hijacked by anti-growth, anti-business and really anti-free market radicals, who oppose the very idea of individual property rights and view private business as the enemy. These causes are also hijacked by "NIMBY's" who have no true environmental concern, but oppose a project they don't want in their area. For them, the environmental cause of the day is just a tool. Global warming is a perfect tool for these activists because one can argue that almost any new... Posted on July 30, 2008 at 05:30 pm
Jul 3
How about some Madison with your hot dog on July 4th?

James Madison was a principal author of the United States Constitution. He was also a great proponent of property rights. Thus, it is particularly sad and ironic that property rights seem to have received short shrift for reasons of political expendiency. Indeed, this was a fear of Madison. I thought the Fourth of July was a good time to remind people of Madison's wisdom on property rights and the role of government: "Where an excess of power prevails, property of no sort is duly respected. No... Posted on July 3, 2008 at 05:33 pm
Jun 17
Eminent Domain, Elections, California's Most Recent Experience

Property Rights attorney Bill Dahlin offers his post-mortem on Prop. 98: On June 3, 2008, California's mid-year election process took place. The early June date, which had historically been utilized as a primary for presidential candidate voting, was changed as of this year so that California's presidential primary could be held in February, 2008. Thus, the June 2008 elections concerned only local races, and several statewide propositions. The primary battleground for this year's statewide... Posted on June 17, 2008 at 05:14 pm

Rank This Week: 1570

Gareth's First Law

Focuses on property rights. By Gareth Shepperson.

http://blogspace.mweb.co.za/default.aspx?alias=law&init

Jun 12
PHANTOM SLUMP??

In a follow-up to my previous post, it is interesting that the "whistle blower" (Maurice Levin) who released the Lew Geffen memo to the public has been fired. He states that: "Mr Geffen terminated my contract on the simple grounds that he did not authorize the release of the memorandum content to the media. It is a sad day when an until-now respected property veteran with forty years of experience is wholly comfortable telling his staff that he predicts the residential property market will... Posted on June 12, 2008 at 09:23 am
Jun 12
PROPERTY MARKET SLUMP???

What exactly is the state of the Property Market in South Africa? Well, when assessing the health of any sector, you need to see what the people on the "frontline" have to say about it. Estate Agents are surely the vanguard of all others involved in the Property Market since they are the individuals who are out there on a daily basis initiating the deals that banks, investors and conveyancers usually only see after the deal has already been concluded. It is therefore very insightful to read the... Posted on June 12, 2008 at 09:21 am
May 15
NAKED WOMEN (IN LAW) AND WHERE I LEFT MY PANTS

/**/ It is obvious that the reasons why people BLOG are as wide and varied as the personalities of the people involved. The mere fact that a BLOG falls into a specific genre is no indication that the author has a common purpose with others of that genre. In the field of so-called BLAWGS (i.e. Law Blogs) there is certainly no commonality of purpose. In this post, I will explore some motivations and try and find my own place in the "blogosphere". I really hope that my heading grabbed your... Posted on May 15, 2008 at 09:01 am

Rank This Week: 1576

FSBOLawCenter Blog

Discusses legal issues associated with the sale by owner (FSBO) process.

http://blog.fsbolawcenter.com/serendipity/

Feb 27
Is Redfin really all THAT?

In the last couple of days, there's been a lot of discussion in the blogosphere in regards to a recent announcement by Redfin, a discount brokerage based in Seattle (but operating in LA and SF, I believe, with plans to further expand nationally). The Redfin model is geared towards buyers, where an agent will provide limited services focused primarily on writing and negotiating an offer, and the buyer will get a rebate of a portion of the buyer's agent's commission. This past weekend, Redfin... Posted on February 27, 2007 at 01:19 pm by Craig Blackmon
Feb 7
Are agents overpaid?

In a recent post on Rain City Guide, an excellent Seattle-based real estate blog, one of the contributors, an agent, confessed to rebating nearly $69,000 last year to her clients. Why? In order to charge a fee that she "perceived to be a fair value for the services rendered". A cursory review of her posts on RCG (as well as her own blog) indicates that she is a very experienced, knowledgable, and sophisticated agent. Certainly, she is to be admired for refunding fees beyond that which she... Posted on February 7, 2007 at 11:01 am by Craig Blackmon
Jan 31
The growth of Zillow...

On Zillow's blog today, there is a post about the growth of property listing on Zillow. With 30k listings so far, a house listed for sale gets 200x the traffic of one that is not. So, assuming only an owner looks at a house not for sale, I'd be willing to assume that a listing on Zillow gets seen by 200 potential buyers. Not bad for the cost (which, of course, if free)... On another note, anyone who is selling their home FSBO absolutely should list on Zillow, not only for immediate personal... Posted on January 31, 2007 at 08:45 am by Craig Blackmon

Rank This Week: 1643

Real Estate Law Weblog

Covers co-ops, condos, commercial leasing, real estate development, investing, mortgages, taxes and more. By Jay Hollander.

http://www.hollanderco.com/blog/realestate_rss.xml

Aug 27
NYC Coop Sales Price Now Public Information

It's an old axiom that, despite increasing numbers of condos, coops still account for around 80% of NYC's apartment inventory. Yet, until recently, the sales figures were shrowded in mystery. No more. A recently passed law allows access to these figures through use of the City's ACRIS system. While the link may not be up for long, you can find a pdf guide to how the system works at NYC.gov/html/dof/html/jump/acris.shtm. Posted on August 27, 2006 at 03:23 pm
Aug 3
Noah's Ark 2006

In the year 2006, the Lord came unto Noah, who was now living in the United States, and said, "Once again, the earth has become wicked and over-populated, and I see the end of all flesh before me. Build another Ark and save 2 of every living thing along with a Few good humans." He gave Noah the blueprints, saying, "You have 6 months to build the Ark before I will start the unending rain for 40 days and 40 nights." Six months later, the Lord looked down and... Posted on August 3, 2006 at 07:15 am
Jul 25
Commercial Rent Prices Up - Square Footage Down?

A recent article in Business Week suggests that the open space model of the dot com era may, actually be a paradigm to enable businesses to reduce one of their largest expenses, namely, commercial office rent. Yet, the position of the author is hardly universally shared, eliciting a number of rejections and criticisms in the posted comments following the article. From my own experience, there is no doubt that, technologically, more and more things can be done in more and more places.... Posted on July 25, 2006 at 06:02 am

Rank This Week: 1665

The Massachusetts Real Estate Law...

The Massachusetts Real Estate Law Blog

Features news, commentary and musing about Massachusetts real estate law and litigation. By Richard D. Vetstein.

http://www.massrealestatelawblog.com

Nov 21
Final (Hopefully!) Revised FHA Condominium Lending Guidelines Issued

After several revisions and delays, the Federal Housing Administration (FHA) has finally issued major changes to its revised guidelines on mortgage insurance requirements for condominium projects. FHA first proposed the revisions back in June (under Mortgagee Letter 2009-19). The new guidelines are effective December 7, 2009; however, some of the requirements are phased in through January 31, 2010. There has been a considerable amount of controversy involving HUD/FHA's proposed requirements for... Posted on November 21, 2009 at 05:04 am by Richard D. Vetstein, Esq.
Nov 20
Creating A Memorable Blog To Market Your Law Practice Free Webinar Now Available Online

Noted Boston legal marketing guru, Steve Seckler of CounseltoCounsel.com, and Richard Vetstein (that would be me) recently co-presented a free webinar for lawyers who are interested in blogging, called Creating a Memorable Blog To Market Your Law Practice. The webinar is now up on the Web for all to check out and enjoy. Click here to download. While presented to attorneys, this webinar has great information for anyone interested in blogging for their business: Why Blog? What is a Blog?... Posted on November 20, 2009 at 07:35 am by Richard D. Vetstein, Esq.
Nov 17
Are You Ready For Some RESPA Reform? Part I, An Overview Of The New Regulations

New, sweeping changes regulating how lenders, closing attorneys and title companies disclose loan and closing costs are set to go into effect January 1, 2010. The new regulations are part of a long awaited reform to the 30 year old Real Estate Settlement Practices Act known as RESPA aimed at providing greater transparency and fostering better consumer choice in loan and closing costs. The changes are so significant that HUD recently took the unusual step of giving lenders a 120 day reprieve in... Posted on November 17, 2009 at 03:02 pm by Richard D. Vetstein, Esq.

Rank This Week: 1821

Distressed Asset Law

Covers the legal issues and opportunities relating to distressed assets. By Matthew Sanderson.

http://lrmlawblog.com/distressedassets

Nov 20
5 Simple Tips To Resolve Conflict At Work (Or Anywhere)

Let's be honest: sometimes the holidays bring out the worst in us. Whether it's that family member you only see once a year (for a reason) or the hustle and bustle of all the extra things that go into it, the holidays can make us crazy. Holiday or not, I deal with conflicts everyday as an attorney, and these conflicts can cost my clients quite a bit, even when they are right. Therefore, with Thanksgiving just around the corner, I thought I'd take a moment to share some tools that can help you... Posted on November 20, 2009 at 02:06 pm by Matthew Sanderson
Nov 9
The Biggest Contract Mistake & How To Avoid It

The ugly truth is that people make mistakes every day when they sign contracts for their companies. What's worse is that many people don't even realize that they are making a mistake. This particular mistake can cost your company thousands of dollars in legal fees. This mistake can cost you personally in legal fees and damages, and it could potentially cost you your job as well. This blog post will help you avoid this common mistake. What's The Mistake? The mistake is that people just sign... Posted on November 9, 2009 at 08:48 am by Matthew Sanderson
Oct 30
Magic Tricks to Reduce Risk In Distressed Asset Acquisitions

All of us would like to reduce unknown risks in distressed asset acquisitions. We all understand that these types of transactions have unknown risks that make valuation difficult, if not impossible. Wouldn't it be great if there was a way to eliminate these types of risks before we buy? Good news - there is! Section 363(f) There is a little known section of the bankruptcy code that allows a bankruptcy court to sell bankruptcy assets "free and clear of claims." Bankruptcy code Section 363(f) can... Posted on October 30, 2009 at 01:52 pm by Matthew Sanderson

Rank This Week: 1887

Iowa Law Blog

Covers business, employment, trust & estates family, real estate, regulatory compliance and utility law. By Sullivan & Ward, PC.

http://www.iowa-lawblog.com/

Nov 20
New Tenant Eviction Requirements in Iowa

The eviction process (also called a "Forcible Entry and Detainer" or "FED) in Iowa is just a little more strict. A ruling from the Iowa Supreme Court today now requires that the landlord give personal service notice of the eviction hearing. Previously, under the Iowa Uniform Residential Landlord Tenant chapter of the Iowa Code (Iowa Code 562A), if a landlord was ready to evict and had followed the necessary "notice to quit" requirements, the landlord could give the tenant notice of the eviction... Posted on November 20, 2009 at 11:42 am
Oct 28
Read the Entire Agreement - Personal Liablity May be Lurking in the Document

We've previously posted on the subject of the danger of personal guarantees when entering into contracts through a business entity. Normally, the officer/agent of the company needs to sign such an agreement in his or her capacity in the company, and not in their individual capacity in order to avoid personal liability. A recent case out of the Iowa Court of Appeals clarifies that signing in your corporate capacity isn't enough on its own to limit your personal liability. In this case, which was... Posted on October 28, 2009 at 04:39 pm
Oct 16
Steve McNair - Another Failure to Plan

Former NFL football player Steve McNair is just another too-common of an example of someone who failed to plan their estate with so much at risk. As Todd Ratner on the Estate Planning Bits blog noted in his post, there are several legal issues associated to the unfortunate demise of Steve McNair that will likely result in significant cost and struggle to his family. Fame and fortune alone won't guarantee you a structured estate plan. And you don't have to be a Steve McNair to have the same... Posted on October 16, 2009 at 04:10 pm

Rank This Week: 1919

Seattle Condominium and Homeowners...

Seattle Condominium and Homeowners Association Attorney

Provides practical insights for community association board members in the Puget Sound area. By Kevin L. Britt.

http://seattlecondoattorney.blogspot.com/

Nov 20
Recent Washington Case Illustrates Rule Enforcement Pitfalls

The Washington Court of Appeals filed an unpublished opinion last week in a case involving a community association. This opinion provides valuable guidance regarding enforcement of governing documents and the limits of rule-making authority. Gloria Holcomb purchased an undeveloped lot in Kitsap County that was subject to restrictive covenants. The covenants established an architectural control committee and prohibited building on the lots without written approval from the committee. However,... Posted on November 20, 2009 at 06:47 am by Kevin L. Britt
Nov 10
New Requirements for FHA Condominium Loans Delayed and Revised

The U.S. Department of Housing and Urban Development has announced that most of the new guidelines for Federal Housing Administration (FHA) loans related to condominiums will not be implemented until December 7. The "spot loan" approval process is now scheduled be eliminated on February 1, 2010. All currently approved condominium projects will be transferred to the new FHA approved list. Projects that were approved before October 1, 2008 will require re-certification by December 7, 2010.... Posted on November 10, 2009 at 05:10 am by Kevin L. Britt
Nov 6
The Statue Standoff - Lessons for Curbing Community Conflict?

A few months ago, Glenn and Laura Wolf bought a house in a planned development in South Corvallis, Oregon. They placed five statues (ranging from 6 inches to 3 feet in height) in their front yard, including Christian figures, a Hindu deity, and an Indian chief. A neighbor complained. The association informed the Wolfs that the statues required board approval. The Wolfs responded that there is nothing in the governing documents that specifically addresses statutes. Statuegate was born. The Wolfs... Posted on November 6, 2009 at 08:31 am by Kevin L. Britt

Rank This Week: 1988

Andersen, Tate & Carr, P.C.

Focuses on advice for small businesses and community associations.

http://andersentatecarr.wordpress.com

Nov 20
FHA Approval Changes & Condo Associations

With the recent changes in FHA requirements regarding condominium approvals (see prior discussions from our archives), it may be in the best interests of condominium associations to consider taking the steps to ensure that their condominium is approved by FHA. Being on the approved list will assist unit owners within the condominium in their [...] Posted on November 20, 2009 at 06:25 am by Amy Bray
Nov 19
HYPE Food Drive for Lilburn Co-Op

On November 3rd, Trinity Hundredmark, an associate in our litigation department, helped hYpe (Gwinnett Young Professionals) to deliver donated food items to Lilburn Co-op. Lilburn Co-op is a local charity that helps people obtain their basic needs (food, adequate shelter, and clothing) in the Lilburn area. hYPers donated over four carts fulls of food [...] Posted on November 19, 2009 at 06:12 am by Amy Bray
Nov 11
Pat McDonough and Trinity Hundredmark defend NFL player

Pat McDonough and Trinity Hundredmark recently defended NFL Football player, Jonathan Babineaux, in a high profile case, and after seven months of work to prove their client's innocence, they were able to convince the District Attorney to dismiss the case. The story received national attention from the media, and Mr. McDonough was featured in [...] Posted on November 11, 2009 at 12:40 pm by Amy Bray

Rank This Week: 1993

Virginia Real Estate, Land Use...

Virginia Real Estate, Land Use & Construction Law

Covers Virginia real estate, land use, and construction law issues, such as green building and LEED. By Bean Kinney & Korman.

http://www.valanduseconstructionlaw.com/

Nov 19
Katrina Verdict: The Corps of Engineers Takes a Beating

After a 19 day bench trial, on Wednesday evening a federal judge ruled in favor of six plaintiffs seeking compensation against the United States under the Federal Tort Claims Act for damages flowing from Hurricane Katrina. The court ruled that the United States was liable because the flooding leading to the homeowners' damages was caused by negligent maintenance of a significant navigation channel by the US Army Corps of Engineers. The total verdict was for under $750,000 for the six... Posted on November 19, 2009 at 06:00 pm
Nov 18
Recovering Delay Damages under the Virginia Public Procurement Act, Part II

Earlier this year, the Virginia Supreme Court decided Martin Brothers Contractors, Inc. v. Virginia Military Institute, taking the opportunity to revisit its decision in Blake Construction. The Virginia Military Institute ("VMI") contracted with Martin Brothers to renovate VMI's main dining facility. During the project, VMI requested changes resulting in a 270-day delay. VMI agreed that it alone was responsible for the delay. Martin Brothers sought $430,242.56 in delay damages plus the costs of... Posted on November 18, 2009 at 04:00 am
Nov 16
Metro Safety May Go Federal

The Washington Post reported on Sunday that the Obama administration will propose taking over safety regulation of subways and light rail, including the regional Metro system. Metro has been taking a regular beating in the press recently for safety concerns and its anemic response to those concerns. Metro has apparently gone so far to frustrate efforts to investigate its safety procedures and efforts that it has barred independent monitors from walking along its subway tracks, even escorted by... Posted on November 16, 2009 at 03:00 am

Rank This Week: 2089

Buffalo NY Attorneys Blog

Covers New York elder law, estate law, and real estate legal issues. By Robert Friedman.

http://www.wny-lawyers.com/wordpress

Nov 19
NY Court Appoints a Monitor Instead of a Guardian

In an New York Guardianship Article 81 proceeding, the New York Supreme Court, Cortland County, appointed the court evaluator as a "monitor" to oversee the financial transactions of the Alleged Incapacitated Person (AIP), instead of appointing a guardian. The AIP suffered from a bout of hypomania causing him to engage in irrational and excessive spending. At the hearing, he testified as to his recovery from the illness. However, he acknowledged that there was a thirty per cent chance he would... Posted on November 19, 2009 at 03:13 pm by admin
Nov 11
Seven New Rules Help Mortgage Shoppers Get a Fair Deal (Part II of II)

#5) The new rules ensure that consumers receive "good faith estimates" of the costs of a mortgage earlier in the application process and that the disclosures better explain the costs and terms of a loan. The disclosures will cover areas such as the potential for mortgage payments to increase, any penalty for paying off the loan early, and any fees paid by the lender to a mortgage broker for bringing in business. (a) Lenders will still be required to provide early disclosures to consumers for... Posted on November 11, 2009 at 04:18 pm by admin
Nov 6
Seven New Rules Help NY Mortgage Shoppers Get a Fair Deal (Part I of II)

Shopping for a mortgage takes time and effort. Choosing the wrong mortgage can be very costly. It could lead to the loss of your home if you can't afford the payments. But new federal consumer protections will increase the likelihood of finding a fair mortgage that you can afford for many years. The new rules recognize that disclosures alone can not always protect mortgage borrowers from the harm caused by unfair and abusive lending practices. Rules # 1 through #3 and #7 went into effect on... Posted on November 6, 2009 at 04:49 am by admin

Rank This Week: 2097

California Eminent Domain Law Blog...

California Eminent Domain Law Blog

Covers eminent domain news in California. By the California Eminent Domain Law Group.

http://blog.eminentdomainlaw.net

Nov 19
Public hearing on eminent domain area; The Press-Enterprise, 11/16/09

By Leslie Parrilla Corona city officials plan to extend their eminent domain authority for 12 years over a downtown area filled primarily with businesses. Hundreds of businesses are in the Main and Sixth Street area covered by the action. Not included would be residential properties within the Merged Redevelopment Project Areas, said Darrell Talbert, director of the city redevelopment agency. Under eminent domain, government can take property for a public use, such as for utilities and... Posted on November 19, 2009 at 12:45 pm by lauren
Nov 11
Planned Interstate 10 offramp concerns San Bernardino residents; The Press-Enterprise, 11/10/09

By Dug Begley Rosewood Drive, a stone's throw from Interstate 10 in San Bernardino, has seen better days. Askew fences separate the homes, many showing signs of stress and peeling paint. But the 15 houses on the street are still homes, and some homeowners are struggling to adjust to the fact they're being booted so a new exit ramp can be built. "She wants to stay here as long as she can," said Samuel Meza, 16, translating for his mother, Rufina Meza. "This is her home." William Wilson Lewis... Posted on November 11, 2009 at 03:25 pm by lauren
Nov 11
Board of Supervisors moves to seize land for Road 108 project while still in property negotiations; Visalia Times-Delta, 11/11/09

By Valerie Gibbons Another road project has the Tulare County Board of Supervisors flirting with declaring eminent domain for a number of parcels. Stimulus-funded construction along Road 108, or Demaree Street, between Visalia and Tulare prompted the board Tuesday to ask the court to start the eminent-domain process on four parcels for a thin strip of right of way for the widening project. This is the second set of eminent domain lawsuits that the county has filed in the past two months. In... Posted on November 11, 2009 at 09:45 am by lauren

Rank This Week: 2111

utahcondolaw

Covers the development, governance and management of community associations, including condominiums, homeowners' associations and mixed use projects. By Lincoln W. Hobbs.

http://utahcondolaw.blogspot.com/

Nov 19
Check this Out -- GoogleLaw

Google, in its continuing quest to take over the World, is entering the field of legal research. At a subpage of Google scholar, you can research cases by name or by citation. A search for Hermansen v. Tasulis pulled up 39 hits in .05 seconds; unbelievably faster than the alternatives, and presumably more thorough. The hits include the opinion itself; cases following the opinion and articles and briefs related to the opinion. A search for "Lincoln W. Hobbs" pulled up 16 reported opinions in... Posted on November 19, 2009 at 12:20 pm by Lincoln W. Hobbs, Esq., CCAL
Oct 29
Now Available on Facebook

For those of you who are a bit frustrated with following and trying to post comments through Blogger, I'm pleased to announce that I'm now on Facebook at the Utahcondolaw page. It appears it will be easier to post there. And for my Facebook friends who don't care about community association law, I will soon be pulling my Utahcondolaw feed from my personal page. (As soon as I figure out how it is feeding.) So, condo and other community association friends, if you want to follow this blog on... Posted on October 29, 2009 at 11:39 am by Lincoln W. Hobbs, Esq., CCAL
Oct 29
Posting Comments...

I've received a few emails, from a few of you, expressing your frustration and confusion in connection with attempts to comment. The publisher of another blog that I follow set forth the following instructions, which I think will help. (Note: you will need a Google account. Step 1: Open blog, read post and find a small underlined link directly under the post on the right side. It will say '0 comments' or '12 comments' or however many comments there are. Step 2: Click on that link and it will... Posted on October 29, 2009 at 12:16 am by Lincoln W. Hobbs, Esq., CCAL

Rank This Week: 2120

MyTexasTitle.com's Blog

Covers Texas title insurance, escrow and closing services. By Richardson Heights and R. Jason Griffin.

http://blog.mytexastitle.com/

Nov 19
Happy Thanksgiving from Your Texas Title Company!

I know that with all the hustle and bustle of the new RESPA rules, end of month, end of year coming things can be rushed and everyone seems to focus on the subject at hand, which is to get as many loans closed as possible by the end of the month; be prepared for the New Year RESPA Rules (so you can continue without slowing your closing pace); and somewhere in between try to make a few bucks. Okay, now it's time to breathe. All of the matters at hand are important, and I realize there are dead... Posted on November 19, 2009 at 09:54 am by R. Jason Griffin
Nov 16
RESPA's Changed Circumstances: A Texas Title Company That Can Help Get You Through It

Effective January 1, 2010 RESPA states that once the Good Faith Estimate has been disclosed to your client, it's pretty much written in stone. But what if something does need to be changed? There are certain circumstances that you may change the numbers on your GFE. If the following occurs, you may change your GFE: 1. Acts of God, war, disaster, or other emergency. 2. Info particular to the borrower or transaction that was relied on in providing the GFE and that changes or is found to be... Posted on November 16, 2009 at 02:28 am by R. Jason Griffin
Nov 10
How to Avoid Loan Closing Delays Because Of Inaccurate GFE Charges Under the New RESPA

If you are worried that getting your borrower's Good Faith Estimate may be a near impossibility when first starting the loan process and when you don't know all the third-party service provider's fees, HUD allows loan originators another method that may relieve some of the guessing. Loan originators may use average charges for those third party service charges that are not based on your borrower's property value or loan amount. HUD cites the following list of nonexclusive service charges as... Posted on November 10, 2009 at 04:59 am by R. Jason Griffin

Rank This Week: 2148

Msquire's Musings

Covers the analysis and management of legal risks for entrepreneurs, small businesses, community associations (homeowners associations) and other non-profit organizations. By Linda E. Cummings.

http://msquire.wordpress.com

Nov 19
Solar Energy for Community Associations – Contract Formation and Risk Management

It is important for any community association considering pursuing a solar lease or power purchase agreement (PPA) to budget for the cost of two important preliminary matters, a feasibility analysis and legal costs. Skimping on either could ensure the ultimate failure of your efforts, costing the association considerably more money in the long run. With respect [...] Posted on November 19, 2009 at 07:00 am by Linda E. Cummings
Nov 17
Solar Energy for Community Associations – Funding

If you have volunteered for (or been assigned) the task of arranging for the installation of a solar alternative/renewable energy system for a California community association, you are a trailblazer. That is because, with the exception of new construction and MASH (Multifamily Affordable Solar Housing) Program projects, I am not aware of any community association [...] Posted on November 17, 2009 at 07:00 am by Linda E. Cummings
Nov 14
Solar Energy for Community Associations – An Introduction

I have been representing California community associations (homeowners associations for folks in other states) for almost twenty years now. During most of that time, if I was contacted by an association's board of directors about solar panels, it was generally to answer one question first and foremost: "Can we stop them?" Historically, community association architectural review committees [...] Posted on November 14, 2009 at 08:00 am by Linda E. Cummings

Rank This Week: 2177

Louisiana Coastal Wetlands Blog

Information and updates on the loss of coastal wetlands in Louisiana. Published by Eric P. Rapp of Kean Miller.

http://www.louisianacoastalwetlands.com/

Nov 18
Corps of Engineers Loses MRGO Lawsuit

United States District Judge Stanwood Duval, Jr. of the United States District Court for the Eastern District of Louisiana has found the federal government through the Army Corps of Engineers liable for their negligent maintenance of the Mississippi River Gulf Outlet (MRGO) allowing flooding damage during Hurricane Katrina in the Lower Ninth Ward and St. Bernard Parish. The immediate damage award for the six trial plaintiffs is less than $750,000 and the judge ruled against plaintiffs in East... Posted on November 18, 2009 at 10:42 pm
Oct 2
Fifth Episode of Category Five/Wetland Watch Airs Tonight

The fifth episode of Category Five/Wetlands Watch will be on WLAE-TV at 8 PM on Friday October 2nd. Category Five/Wetlands Watch is a PBS series concerning coastal restoration efforts in Louisiana. The show is an examination of the problems and challenges associated with Louisiana coastal land loss and efforts to protect and restore the coast. The fifth episode includes an interview with Garret Graves. Graves is the Director of Governor Jindal's Office of Coastal Activities and Chairman of the... Posted on October 2, 2009 at 02:03 pm
Sep 30
America's Energy Coast Hearing in New Orleans

I attended the America's Energy Coast hearing today at the Intercontinental Hotel in New Orleans. I want first to thank the various members of the oil and gas industry for appearing and explaining what is happening with regard to their businesses in coastal Louisiana and along the northern Gulf of Mexico generally. The information that they have provided is invaluable to the larger issues that I will discuss below. Nevertheless, I left the hearing with feelings of hope and disappointment. I am... Posted on September 30, 2009 at 10:59 pm

Rank This Week: 2212

Northwest Condo & HOA Law Blog...

Northwest Condo & HOA Law Blog

Covers issues around condominium ownership, homeowners associations, and construction defects. By Barker Martin.

http://www.condo-hoalawblog.com/

Nov 18
Changes to Revised FHA Condo Guidelines Announced

On November 6th, the Federal Housing Administration (FHA) finally issued major changes to its revised guidelines on mortgage insurance requirements for condominium associations. The original guideline revisions were first proposed back in June (under Mortgagee Letter 2009-19). The new guidelines go into effect on December 7, 2009; however, some of the requirements are phased in through January 31, 2010. If you have been a reader of this Blog over the past couple of months, you are aware of the... Posted on November 18, 2009 at 08:24 pm
Nov 15
Reserve Funding

In the past several weeks as I have been speaking on the new HUD/FHA guidelines, many persons have asked me whether HUD/FHA will require the "straight line," "cash flow" or some other methodology for determining percentage of reserve funding. The short answer is, "we do not know." What we do know is that in order to obtain FHA certification for a condominium project, reserve funding must be at 60% for established projects, and 100% for new projects. Also, a reserve study must have been... Posted on November 15, 2009 at 04:47 pm
Oct 26
FHA Condominium Certification Changes Pushed to December

FHA/HUD's revised condominium certification regulations originally slated to take effect on October 1, 2009 and pushed back to November 2nd, are now scheduled to be implemented on December 7, 2009. The onerous new regs, as described in HUD's Mortgagee Letter 2009-19 (published on June 12, 2009), were met with controversy due to the potentially chilling impact on the ability of a condominium project to obtain FHA certification. As a result of public outrage, in mid-September, FHA/HUD announced... Posted on October 26, 2009 at 09:27 pm

Rank This Week: 2217

Freelance Law Firm

Covers social media/networking for lawyers, virtual law practice, and business and real estate law topics. By Donna Seyle.

http://www.freelancelawfirm.com

Nov 18
Twitter for Lawyers: A Primer on How and Why

As anyone paying attention to social media knows, there is a whirling vortex of on-going debate on the usefulness/uselessness of Twitter. I'm not real clear why the conversations can be so polarizing, but they are. There is a wonderful 2-month-old debate among a few high-profile social media lawyers where comments range from: "I love Twitter [...] Posted on November 18, 2009 at 11:52 am by Donna Seyle
Nov 12
Legal Dilemmas of Social Networking, Part 3: Deceptive Practices & Ethical Concerns

As I stated in Parts 1 and 2 of this series, these posts are based on the day-long conference entitled Social Networking: Friends or Foes? (now on MP3) hosted by the Samuelson Law, Technology & Public Policy Clinic, the Berkeley Center for Law & Technology, the Berkeley Center for Criminal Justice and the UC Berkeley [...] Posted on November 12, 2009 at 01:07 pm by Donna Seyle
Nov 5
Legal Dilemmas of Social Networking, Part 2: Online Communications Protections

In my first post on the legal issues, I discussed the public's expectation that their social networking information is private. Here, I will move on to the challenges presented by the lack of legislative or judicial law pertaining to use of social networking information in civil and criminal proceedings. (See Social Networking - Legal and [...] Posted on November 5, 2009 at 01:12 pm by Donna Seyle

Rank This Week: 2257

Delaware Business Lawyer Blog

Covers business litigation, business loans, buy-sell agreements, lease negotiation, and non-compete agreements. Published By Wilmington, Delaware Business and Real Estate Lawyer Charles Snyderman.

http://www.delawarebusinesslawyerblog.com/

Nov 17
MRSA - Too Many People Get Sick In Hospitals

As a Delaware medical malpractice attorney, I believe it's only a matter of time before a patient in Delaware sues a hospital because he came down with a MRSA infection. These cases are showing up around the country. For example, a Dallas jury has awarded $17.5 million in damages to a man who had to have both of his arms and both of his legs amputated because of a hospital-acquired MRSA infection. The sad thing is that MRSA infections are preventable if proper care is taken. Even worse is the... Posted on November 17, 2009 at 01:09 pm by Charles Snyderman
Nov 15
Deep Vein Thrombosis Kills 42 Year Old Woman

As a Delaware medical malpractice lawyer, I stay up to date on malpractice trials around the country. Earlier this month in Illinois, the family of a 42 year old woman who died from blood clots after having outpatient knee surgery was recently awarded more than $6 million by a jury. The woman had been having knee pain, but because it was getting worse, her family doctor referred her to an orthopedic surgeon for an evaluation. At first, the surgeon gave her an injection for the pain, and some... Posted on November 15, 2009 at 06:41 am by Charles Snyderman
Nov 4
Blue Cross Blue Shield Is Not Too Big To Sue

As a Delaware trial lawyer, I'm proud that our court system allows parents to fight for the rights of their children. And I'm also proud that our system lets David go after Goliath, and win. How many times have you gotten angry when your insurance company refused to pay for your medical treatment? Well, a group of parents in Michigan decided to take on BCBS when it refused to cover behavioral therapy for children with autism spectrum disorder. The case recently settled for over $1 million, and... Posted on November 4, 2009 at 06:21 am by Charles Snyderman

Rank This Week: 2348

The Landlord Law Blog

Covers residential landlord and tenant law in the UK.

http://landlordlaw.blogspot.com/index.html

Nov 17
Book Review - Furnished Holiday Lets, by Carl Bayley

If you rent out furnished holiday accommodation, you should buy this book. At present there are tax advantages in renting out furnished accommodation, but on 10 April, this will all change. Carl Bayley has written this book to explain the changes that will take place, and give guidance on what should be done in the run up to 10 April 2010. Landlords will (or should) already be aware of Carl Bayley as a tax author, as he has written a number of well received books in the past, such as How to... Posted on November 17, 2009 at 01:10 am by Tessa Shepperson
Nov 15
Raising the rent a room tax rebate

The National Landlords Association (NLA) and spareroom.com are both calling for the rent a room tax scheme tax threshold to be increased. It has been &#xc2&#xa34,200 since 1997 and since then prices have risen considerably. To quote the NLA: "The NLA supports the Raise the Roof campaign's call for the Rent-a-Room threshold to be increased to &#xc2&#xa39,000 pa. The scheme threshold has not changed since 1997, while the average single room rent has increased by more than 75%. This has resulted in the majority... Posted on November 15, 2009 at 10:14 am by Tessa Shepperson
Nov 12
New developments on Landlord Law

Several things I have been planning for a while will come to fruition shortly. The Newsletter The Landlord Law newsletter is an important part of my service. However, the newsletter mailer I have been using almost since we started in 2001, is now a bit old and clunky. I am therefore changing to using a professional company, Constant Contact. My web designer Gill and I have been working on the new template, which looks great! However the new service requires the database to be re-created. The... Posted on November 12, 2009 at 12:13 am by Tessa Shepperson

Rank This Week: 2403

Special Assets Lawyer Blog

Covers bankruptcy, foreclosure, loan workouts and receiverships. By Richard A. Rogan.

http://www.specialassetslawyer.com/

Nov 16
California Increases Homestead Exemptions

Most loans today are secured by real or personal property collateral, so the homestead exemption is of less importance to institutional lenders than it used to be. However, if you do find yourself administering an unsecured loan, or if you discover that the loan you thought was well secured turns out to be unintentionally unsecured, then it is good to know about the California homestead exemption. The purpose of the homestead exemption is to protect judgment debtors from losing all of their... Posted on November 16, 2009 at 07:04 am by Richard A. Rogan
Nov 13
How to Figure Monthly Interest Payments In Your Head

Negotiations with borrowers can be tricky and fast-paced. The workout professional needs to be able to respond to borrower inquiries quickly, authoritatively and without losing a step. While final numbers, covenants, terms and conditions must be developed carefully before being finalized, workout professionals know that Cash is King and that they must be able to deal with cash flow issues on the fly. The workout professional who can make quick rough calculations without using his or her HP 12C... Posted on November 13, 2009 at 06:10 am by Richard A. Rogan
Nov 12
On Bank Litigation--E-discovery (Part 4): Establishing a Data Assembly Process

The final segment of Stan Gibson's series on Litigation Readiness and Electronic Discovery addresses the practical problem of assembling and collecting all of the data needed for use in the lawsuit. Stan's point is that advance preparation, a luxury in today's fast-paced, cost conscious world, pays dividends when a lender is faced with short time deadlines to respond to massive requests to produce documents and electronic records. Thanks to our many years of hands-on experience, the JMBM... Posted on November 12, 2009 at 07:03 am by Richard A. Rogan

Rank This Week: 2453

Hawaii Land Use Law & Policy

Commentary and insight on the complex, multifaceted area of land use in Hawaii. By Jesse Souki.

http://hilanduse.blogspot.com/

Nov 15
RFP Posted for Environmental Review Contract to Support Interisland Wind and Undersea Cable Project

The state recently posted a request for proposals ("RFP") for environmental studies to support the Interisland Wind and Interisland Cable projects. The Interisland Cable is intended to connect wind facilities on the islands of Molokai and Lanai to Oahu, with a phased expansion to Maui. The Interisland Cable project is part of the Energy Agreement signed by the State Division of Consumer Advocacy of the Department of Commerce & Consumer Affairs, and Hawaiian Electric Companies ("HEC"), on... Posted on November 15, 2009 at 07:20 pm
Nov 15
NAR Reports Pending Home Sales Rise for Eight Consecutive Monthly Gains

The National Association of Realtors (NAR) reported that Pending home sales rose again, marking eight consecutive monthly gains-the longest streak since measurement began in 2001. NAR's index is released during the first week of each month and is designed to be a leading indicator of housing activity. The index measures housing contract activity, based on signed real estate contracts for existing single-family homes, condos and co-ops. Posted on November 15, 2009 at 06:44 pm
Nov 9
Does Your Project Trigger the Endangered Species Act?

The Office of Environmental Quality Control (OEQC) recently posted a collection of native and invasive species flash cards on its web site. According to the Bishop Museum, there are more endangered species per square mile in the Hawaiian islands than any other place on the planet. For example, of the more than 140 Hawaiian bird species and subspecies present in the Hawaiian islands prior to human contact, more than half have been lost to extinction. Among the remaining 71 endemic bird species,... Posted on November 9, 2009 at 08:28 am

Rank This Week: 2468

Mandelman Matters

Covers the foreclosure crisis. By Martin Andelman.

http://mandelman.ml-implode.com

Nov 14
We INTERRUPT this FORECLOSURE CRISIS for a COMMERCIAL Message

So&#xe2€&#xa6 commercial real estate has been the next financial shoe to drop for some time now. The best thing about the meltdown in commercial property, for me anyway, is that it's just a variation on a now all too well-known theme: Underwater properties cannot be refinanced so when loans come due&#xe2€&#xa6 it's foreclosure time. And foreclosures on underwater properties result in losses for banks and other investor groups, which in turn lead to federal bailouts, at least in cases where the bank is deemed... Posted on November 14, 2009 at 07:15 pm by Mandelman
Nov 13
A Hundred Thousand Homeowners – Voices of Hope & Change

I spend time talking with homeowners every single day. I listen to their stories day after day and it's so painful, because I feel so helpless. Many times I want to scream. The foreclosure crisis that has been allowed to continue in this country must be stopped, and I'm quite sure it would have been months ago&#xe2€&#xa6 if homeowners had a powerful lobby in Washington&#xe2€&#xa6 if America's homeowners had a voice that could be heard. Well, this next year is a very important election year on both sides of the... Posted on November 13, 2009 at 05:12 pm by Mandelman
Nov 13
BREAKING NEWS: Latest U.S. Teaseury Dept. Study Shows 3.6 Billion Homeowners Have Been Offered Loan Modifications

The Obama Administration's Making Home Affordable program may have gotten off to a slow start, but ever since the press started criticizing the program's insipid results, things have improved quickly and dramatically. According to data released by the U.S. Teaseury Department, when you add up the numbers of loan modifications being reported by the Hope Wow Alliance, Chaseme, Bunk of America, Wheres Fargo, MUD, and other skanks and servicers, as of November more than 3.6 billion homeowners have... Posted on November 13, 2009 at 01:21 am by Mandelman

Rank This Week: 2483

RESPA Lawyer Blog

Covers the Real Estate Settlement Procedures Act (RESPA). By Sterbcow Law Group LLC.

http://www.respalawyer.com/

Nov 13
RESPA: HUD OFFICIALLY DELAYS "HUD ENFORCEMENT" OF NEW RESPA REFORM RULE

HUD announced today a delay in "HUD ENFORCEMENT" on the new RESPA Rule which goes into effect on Jan. 1st, 2010 on FHA loans. We need to highlight the fact that only HUD Enforcement of the new RESPA rule has been delayed for 120 days on FHA loans. Civil litigation on the new RESPA Rule goes into effect on Jan. 1st, 2010 and therefore is not delayed. We applaud HUD for delaying enforcement of the new rule for 4 months it still exposes companies that do not implement the new changes to potential... Posted on November 13, 2009 at 12:23 pm by Marx Sterbcow
Oct 30
RESPA REFORM: IVY JACKSON ISSUES CLARIFICATION ON YIELD SPREAD PREMIUM CREDIT TO BORROWER ISSUE

The Director of the Office of RESPA and Interstate Land Sales for the U.S. Department of Housing and Urban Development, Ivy Jackson, clarified an major issue today that addresses industry confusion over the Yield Spread Premium "YSP". Several wholesale lenders issued guidance that the new RESPA restrictions required anyone who is not funding their own loan to have all the YSP, any money made on the interest rate, credited to the borrower. Some wholesale lenders were under the belief that anyone... Posted on October 30, 2009 at 01:45 pm by Marx Sterbcow
Oct 28
BREAKING NEWS: RESPA REFORM BILL TO BE DELAYED SIX MONTHS

The Real Estate Settlement Procedures Act "RESPA" regulations set to take place on January 1, 2010 has purportedly been delayed by HUD for six months. We are now waiting for an official announcement to take place by HUD to officially confirm the six month delay which should make the new implementation date on or around July 1, 2010. We don't know what precipitated this possible delay by HUD but the real estate industry has stepped up their criticisms on the new rule, including a recent letter... Posted on October 28, 2009 at 12:07 pm by Marx Sterbcow

Rank This Week: 2517

Land Use Prof Blog

By Professors Will Cook, Chad D. Emerson, Matthew J. Festa, Ngai Pindell and Jamie Baker Roskie.

http://lawprofessors.typepad.com/land_use/

Nov 12
New York Times forum on Pfizer & Kelo

The other day I discussed some possible ramifications of the Pfizer pullout from New London. Today, the New York times published a forum on the topic at the Room for Debate opinion blog: A Turning Point for Eminent Domain? When... Posted on November 12, 2009 at 08:25 pm by landuseprof
Nov 12
Green Cities, Cool Cities (Florida, Kotkin)

Richard Florida of "Creative Class" fame has posted Greening the City on his blog at The Atlantic. Why not consider devoting different streets to different kinds of transportation? And surely cities need more green space and some are actually getting... Posted on November 12, 2009 at 09:06 am by landuseprof
Nov 12
News from Seattle

Two recent land use legal items from Seattle. First, on Election Day the voters approved Proposition 1, an affordable-housing levy. From the Seattle Times: At Capitol Hill's Sole Repair, campaign workers were ecstatic over the success of Proposition 1, the... Posted on November 12, 2009 at 08:33 am by landuseprof

Rank This Week: 2538

Ozarks Law & Economy

Tracks developments in Missouri real estate law and economic development in the Ozarks area of Missouri and Arkansas. By Harry Styron.

http://olp09.wordpress.com

Nov 12
Thinking about Donald Harington

Donald Harington was much on my mind last Saturday, November 7, as I attended a wedding in the vicinity of Murray, Arkansas, a place well off the paved roads, southwest of Jasper, the county seat of Newton County. On this spectacular day-an outdoor wedding in November!-I watched Julie Brown and Dan Osterkamp start their married [...] Posted on November 12, 2009 at 03:25 pm by Harry Styron
Nov 11
Lawyers cringe when neighbors fight

If you want to see a lawyer cringe, ask how he or she likes property line disputes or fights over trees near property lines. The case of Lau v. Pugh shows why lawyers (including trial judges and appellate judges) hate such cases. After all the fighting and expense, nobody is happy. Here's how it often plays [...] Posted on November 11, 2009 at 07:22 am by Harry Styron
Nov 5
Where to learn about consumer law issues

The blog Caveat Emptor is a great source of information for lawyers and non-lawyers about some of the issues that vex most of us, such as: credit card companies bank practices that seem to cost way too much telemarketing aggressive debt collectors If you don't have the money to hire a lawyer, or you want to have a better understanding [...] Posted on November 5, 2009 at 01:57 pm by Harry Styron

Rank This Week: 2543

Ontario Condo Law Blog

Covers recent trends, court decisions, and condo-related news. By Gardiner Miller Arnold LLP.

http://www.ontariocondolaw.com/

Nov 12
GMA Condo Alert! (Autumn 2009 edition)

Here is the latest edition of Gardiner Miller Arnold's Condo Alert! Topics covered in this issue include: The new Apology Act Increased limit of Small Claims Court jurisdiction Using consultants in CCDC-2 contracts Steps to guaranteed lien collection This issue was distributed in the grab bag given to all attendees of the ACMO/CCI-T Condo Conference this past weekend. Kudos to the conference organizers and participants for a well-organized, well-attended and brilliant conference! Posted on November 12, 2009 at 03:45 am
Nov 4
See you at the condo conference!

Don't miss the 13th Annual CCI-T/ACMO Condominium Conference this Friday and Saturday (November 6-7, 2009) at the Hilton Suites Toronto/Markham. Be sure to come to the Aging in Place seminar (session 1C on Friday morning at 10), where lawyer Denise Lash, property manager Janice Pynn, consultant Sharon Snitman and I will focus on accommodating the needs of aging condo residents. Find out what steps property managers and condo boards must take to accommodate the coming boom of aging condo... Posted on November 4, 2009 at 12:32 pm
Nov 2
Education is often the key to solving condo problems

Most problems facing condominium corporations are either created or made more complicated by the simple fact that owners or directors (sometimes both) lack basic knowledge about the rights and responsibilities of the various stakeholders in the condo community. This obstacle can be partly overcome in a number of ways. Here are four: First, your corporation should engage the services of a professional property management firm. One of the main functions of any reputable management firm is to... Posted on November 2, 2009 at 03:00 am

Rank This Week: 2576

New York Real Estate Lawyer Blog

Covers New York real estate insurance, regulation, and litigation. By Klose & Associates.

http://www.newyorkrealestatelawyerblog.com/

Nov 11
Mortgages – Fraud Watch for Homeowners in New York!

You hear the old adage-- "if its too good to be true . . . . " Homeowners in New York and elsewhere should be on the look out for the newest form of fraud on the rise--"house theft." Under various permutations of the fraud, con men and thieves conspire to to take 'ownership' of a home through various scams and false documents. In one version, the group acquires a house then 'sells' it to their associates, who obtain a loan from unsuspecting banks. The fictitious 'seller,' gets paid the loan... Posted on November 11, 2009 at 07:14 am by Peter Klose
Oct 28
Legal Insurer Liable for Loss Despite Notice Issues.

Chalk one up for the diligent little guy here. Cite-884 N.Y.S.2d 634 (2009) In a recent New York State case involving claims for legal malpractice arising from the failure of an attorney to adequately and timely respond to a fire insurance claim loss, the person injured by the malpractice was able to keep the malpractice insurer responsible even after the target attorney failed to notify his insurer of the malpractice claim. As discussed in this New York Real Estate Lawyer Blog in the past,... Posted on October 28, 2009 at 07:04 am by Peter Klose
Oct 19
Unintended Results of New York's New Power of Attorney Forms.

I get calls every week from family members concerned that another family member might be abusing a power of attorney issued by an elderly or infirm client. We take these concerned calls very seriously, as did the New York State Legislature, who recently amended the General Obligations Law relating to Powers of Attorney. There are some traps for the unwary signer, however. New York's new power of attorney law contains language that "automatically" revokes old powers of attorney, unless you... Posted on October 19, 2009 at 01:25 pm by Peter Klose

Rank This Week: 2600

Molder Legal Group, P.A.'s Blog

Covers Florida construction, condominium & community association, and IT law.

http://blog.molderlegal.com

Nov 9
Florida Appeals Court Orders Immediate Release of ILSA Refund to Buyers

Florida new construction buyers fighting with their developer over who gets to keep the deposit may get some well-needed relief in Court these days, thanks to a recent decision from the Third District Court of Appeals. On October 21, 2009, the Third DCA (with appellate jurisdiction that includes Miami-Dade County) held in Terra-Adi International Bayshore, LLC. v. Kostandinos Georgarious, et. al. that the purchasers were entitled to the immediate release of the amount deposited over 15% of the... Posted on November 9, 2009 at 03:39 pm by admin
Nov 8
Florida Court holds that condominium association is successor to developer and can recover for construction defects from performance bond surety.

On October 30, 2009, Florida's First District Court of Appeals held, in Marseilles Condominium Owners Association, Inc. v. Travelers Casualty and Surety Company of America, that a condominium association can sue and recover from a performance bond surety for construction defects arising out of construction of the condominium. In that case, the condominium's developer was the named owner/obligee under performance bonds issued by the surety for the project. Ultimately, the contractor failed to... Posted on November 8, 2009 at 05:00 pm by admin
Oct 28
Be careful out there. Walking across the minefield that is social media.

(Originally posted on 10/28/2009; revised on 11/15/2009) In recent years, social media sites, as they are known, have become increasingly popular. Facebook (www.facebook.com) is a prime example of a 'social media' site. Others are Twitter (www.twitter.com), LinkedIn (www.linkedin.com), and MySpace (www.myspace.com). The concept of most of these sites is rather simple: a user registers for a profile on the site, and inputs certain information about themselves. Sites like LinkedIn are geared more... Posted on October 28, 2009 at 02:39 pm by admin

Rank This Week: 2628

Northwest Real Estate Law Blog

Covers real estate, construction, and land use laws in the Pacific Northwest. Published by Davis Wright Tremaine, LLP.

http://www.dwtrealestatelawnw.com/

Nov 6
City and County Governments Authorize Permit Extensions for Active Development Projects

This post is authored by: Clayton Graham & Thomas Goeltz Landowners and developers in Washington state should be aware of a spate of recent legislation aimed at prolonging the life of active land development permits. Developers who request these extensions in a timely manner could effectively extend the life of their development approvals-including certain building permits, use permits, subdivision and other land use approvals-and may be able to save themselves the hassle and expense of... Posted on November 6, 2009 at 08:52 am
Oct 30
Building Code Violations - Penalties Struck Down as Unconstitutional

In a recent opinion linked here-Post v. Tacoma, the Washington Supreme Court struck down a number of building code violation penalties that the City of Tacoma had assessed against a property owner. The City assessed numerous fines against the owner (Post) based on the condition of a some of his properties in the City. The ordinance at issue permitted the assessment of daily fines for continuing building code violations, which is a common element of local code compliance provisions. The Court,... Posted on October 30, 2009 at 02:29 pm
Oct 21
Municipalities Shut Down Haunted Houses as "Unsafe Structures"

If your Halloween festivities include building a haunted house, take care to comply with any local regulations that apply to the structures or your attraction could be shut down. Examples abound this time of year. Officials in Tonawanda, New York, have shut down one haunted house that had become a 15-year long tradition in its neighborhood. In an article on the structure, it is described as being "approximately 1200 square feet," and "built with over 300 2x4s [and] 400 feet of plastic." In Simi... Posted on October 21, 2009 at 12:20 pm

Rank This Week: 2687

Chicago Law Source

Features articles on real estate litigation and legal representation. By Alisa Levin.

http://chicagolawsource.blogspot.com/

Oct 28
Pro Bono? I say "Oh No!" Five Reasons to Say No to Self-Representation

Have you ever thought that for a legal matter it would be simpler and cheaper to forego hiring an attorney and to represent yourself? You have probably heard many horror stories of legal bills and cases gone "awry" what with us lawyers charging so much for our services. Well, even in hard economic times, it really makes more sense than not to still hire an attorney, rather than venturing off on Posted on October 28, 2009 at 06:18 am by Alisa M. Levin, Esq.
Jun 25
Have you ever hired a contractor to...

Have you ever hired a contractor to perform work upon your property, only to find out later that one of their suppliers or another contractor put a lien on your house? Or have you hired a general contractor to do work and learned that although you paid the contractor he didn't pay his downstream contractors or suppliers? You should know that in Illinois (and similarly in other states) that Posted on June 25, 2009 at 02:10 am by Alisa M. Levin, Esq.
May 5
Don't Judge the Judgement - What Does it Really Mean?

Have you ever found your own justice, filing an action against someone on your own, or with the help of an attorney, and received a judgment? Have you ever had a judgment taken against you or your business? If so, then you should know about collecting on judgments. If you owe someone money and you are worried about how you will pay or be forced to deal with it, then this article will help! As Posted on May 5, 2009 at 07:04 am by Alisa M. Levin, Esq.

Rank This Week: 2812

Aaron Morris' Business Law Alert

Provides information and insight for businesses.

http://www.businesslawalert.com/

Oct 26
Think Before You Hit "Send"

A (unintentionally) humorous cease and desist letter from a Portland law firm once again illustrates the importance of reviewing what you are sending. The case involves the Internet site Black Friday, found at www.bfads.net. As you are no doubt aware, Black Friday refers to the day after Thanksgiving, when many retailers come out with ads touting amazing bargains to kick off the start of Christmas shopping. For a few years the Black Friday site has managed to get advanced copies of many of the... Posted on October 26, 2009 at 12:53 pm
Aug 16
Godaddy.com Named in Action by Attorney Still Unfamiliar with Section 230

It seems like every few weeks I have to rail against a lawsuit I read about, wherein the attorney representing the plaintiff brings an action that is clearly barred by the Communications Decency Act. In this latest installment, we find a New York attorney who represents plaintiffs who appear to have a solid case against some individual defendants resulting from some truly horrific defamation on the Internet. But the attorney could not leave it alone. I can almost see his mind working. He thinks... Posted on August 16, 2009 at 01:28 pm
Jul 25
Company Policies and Procedures are Not the Law

Admittedly I'm straying a bit from the business LAW theme of this blog, but when I came across this story in Business Week I knew I had to share it. You may already be aware of this story because it apparently has become quite a phenom, but somehow I missed it until now. Musician Dave Carroll was traveling via United Airlines with his band mates from the band Sons of Maxwell. While sitting on the tarmac, they witnessed their instruments being tossed around by the ground crew. They reported the... Posted on July 25, 2009 at 01:50 pm

Rank This Week: 2832

idahocondolaw

Covers the development, governance and management of community associations, including condominiums, homeowners' associations and mixed use projects. By Lincoln Hobbs.

http://idahocondolaw.blogspot.com/

Oct 25
Disability Discrimination in Idaho?

There haven't, admittedly, been a lot of posts to this site, but that's because there doesn't appear to be a lot going on in Idaho condolaw. That may be related to the economy, but here's a bit of news on the regulatory front: Justice Department Files Lawsuit Alleging Disability-Based Housing Discrimination Against Idaho Condominium Developer Posted on October 25, 2009 at 12:42 pm by Lincoln W. Hobbs, Esq., CCAL
Apr 3
Rental Restrictions in Bylaws?

The Wisconsin Supreme Court, in an opinion released last Friday, issued an opinion which affirms the validity of rental restrictions included in a community association's bylaws, as opposed to the association's declaration. Several courts around the country have dealt with this issue in the past several years, with opinions coming down on both sides of the issue. And in this case, the Court was divided, with a dissenting justice arguing that the amendment to the bylaws were contrary to the... Posted on April 3, 2009 at 06:47 am by Lincoln W. Hobbs, Esq., CCAL
Feb 26
Get Your Pools and Spas Fixed NOW!

A recent meeting of the Utah Chapter of the Community Association Institute addressed pool safety and the need to modify association pools pursuant to the Virginia Graeme Baker Pool and Spa Safety Act; seven months ago I suggested in this post that you shouldn't even have waited for the law to take effect before modifying your pools and spas. (The law took effect in December.) Now, unfortunately, there's news of another unfortunate death due to a pool drain. Five-year-old Linnea Rose Oldham of... Posted on February 26, 2009 at 10:30 pm by Lincoln W. Hobbs, Esq., CCAL

Rank This Week: 2842

Spatial Law

Covers legal issues associated with geospatial data and technology. Published by Kevin Pomfret.

http://spatiallaw.blogspot.com/

Oct 25
Spatial Law and Policy Update (October 25, 2009)

I found this to be a practical approach to using technology to reduce privacy concerns associated with vehicle tracking for businesses. CNET reports of a case in which a UK court rejected a driver's reliance on his satellite navigation device as a defense to charges he had been "driving without care and attention". According to the article, the lane was so narrow and poorly traveled that a local farmer would not have taken his horse along it. I think once you read this informative article on... Posted on October 25, 2009 at 02:27 am by Kevin
Sep 6
Spatial Law and Policy (September 6, 2009)

A San Diego-area television station reports that residents of Poway, California are being asked to clear brush away from their homes in order to cut down the risk of damage from wild fire. According to the report, city officials identified at-risk homes through the use of aerial photography. One of the reasons I found this innovative use of aerial imagery so interesting is that according to Google Maps, Poway is less than 20 miles away from El Cajun, California. El Cajun is in the district of... Posted on September 6, 2009 at 04:45 am by Kevin
Aug 30
Spatial Law and Policy Update (August 30, 2009)

A New York Times article on new steps being taken at Wikipedia to regulate input by its users. I found that it raised some interesting issues that would also apply to the crowd-sourcing of spatial data. I encourage those who are interested in potential liability issues associated with navigation devices to read the following article from the Salt Lake Tribune. It concerns a man who was killed when he came over the crest of a hill and swerved to avoid cars that were sitting in traffic at a... Posted on August 30, 2009 at 11:42 am by Kevin

Rank This Week: 2845

Pa Legal Pad

Covers landlord-tenant law in Pennsylvania. By Jennifer Wagner.

http://palegalpad.blogspot.com/

Oct 23
Landlord-tenant relationship

I originally wrote this for a guest column (The Daily Collegian, August 24,2009 "Reading lease can help grow relationship with landlord"). I am posting it here for the convenience of my readers. Even if you didn't read your lease carefully (or at all) before signing it or moving into the rental property, do yourself a favor and read it now. The simplest way to avoid having a problem with your landlord is to be familiar with the landlord's expectations of you. The lease will be controlling, and... Posted on October 23, 2009 at 04:04 pm by JKW
Oct 21
Tips for Tenants Moving In

I originally wrote this as a guest column for a local college newspaper (it ran on Aug. 5, 2009 in The Daily Collegian under the title "Be Cautious When Signing a New Lease"). I'm posting it here with minor changes for the convenience of my readers. Moving into a bachelor (or bachelorette) pad with your closest friends is one of the best parts about college life. So what do you need to know to keep you out of landlord-tenant law trouble? Here are some do's and don'ts before you move into a... Posted on October 21, 2009 at 05:46 am by JKW
Oct 6
Can a landlord take a tenant's personal property if the tenant fails to pay rent?

When a tenant fails to pay rent, there is often an interest by landlords to take possession of personal property, if possible, to satisfy that debt. In legal terms, this is known as "distraint." And lease agreements within Pennsylvania frequently include clauses specifically giving a landlord the right of distraint. But is this legal? Pennsylvania's Landlord-Tenant Act authorizes distraint as a remedy available to landlords (See 68 P.S. 250.302). The statute permits a landlord to seize personal... Posted on October 6, 2009 at 11:01 pm by JKW

Rank This Week: 2853

The Energy Law Blog

Covers oil and gas exploration, development, and marketing on the Gulf Coast. Published by Liskow and Lewis.

http://www.theenergylawblog.com/

Oct 23
Louisiana Supreme Court Holds that Act 136 of the Mineral Code is Inapplicable to Remediation Suits

By Matt Simone In Broussard v. Hilcorp Energy Co., the Louisiana Supreme Court held that a plaintiff is not required, pursuant to Article 136 of the Louisiana Mineral Code, to provide a defendant with pre-suit written notice and an opportunity to perform prior to a judicial demand for property restoration related to oil and gas production contamination. Article 136 mandates these requirements for claims "arising from drainage of the property leased or from any other claim that the lessee has... Posted on October 23, 2009 at 01:11 pm
Oct 22
Fifth Circuit Holds that Individual Citizens Have Standing to Sue Energy Companies for Global Warming

By April Rolen-Ogden In Comer v. Murphy Oil, the Fifth Circuit left open the possibility that the oil and gas industry may be privately sued for alleged contributions to global warming. In this putative class action lawsuit, Plaintiffs claimed that the defendants' operation of energy, fossil fuels, and chemical industries in the United States contributed to global warming. Plaintiffs further claimed that those contributions caused a rise in sea levels and added to the devastation wreaked by... Posted on October 22, 2009 at 11:06 am
Oct 5
Fifth Circuit Royalty Decision Stands -- Supreme Court Denies Cert

The United States Supreme Court has denied the Petition for Certiorari filed by the United States Department of the Interior in Kerr-McGee Oil & Gas Corp. v. U.S. Dep't of the Interior, 554 F.3d 1082 (5th Cir. 2009). The high court's refusal to consider Interior's appeal allows the Fifth Circuit's January 2009 decision to stand. As explained in detail in the attached link ([www.liskow.com]), the Fifth Circuit held that the MMS had no authority to insert "price threshold" provisions into... Posted on October 5, 2009 at 02:52 pm

Rank This Week: 2855

The Law and Equity Report by...

The Law and Equity Report by Timothy Powers O'Neill

Covers Florida real estate and business litigation.

http://lawandequity.com

Oct 22
Irreconcilable Differences: The Stein v. Paradigm Court Divorces Itself From Precedent on the Interstate Land Sales Full Disclosure Act

Qu&#xc3&#xa6dam iura non scripta, sed omnibus scriptis certiora sunt. "Some laws are not written, but are more decisive than any written law." Seneca the Elder, Controversiae , Bk. 1, ch. 1, sect. 14; translation from Norman T. Pratt Seneca's Drama (Chapel Hill: University of North Carolina Press, 1983) p. 140. We must not make a scarecrow of [...] Posted on October 22, 2009 at 05:54 am by Timothy Powers O'Neill
Sep 13
“Mirror, Mirror” Securities Law Principles in a Parallel Universe.

MCCOY: Jim, I think I liked him with a beard better. It gave him character. Of course almost any change would be a distinct improvement. KIRK: What worries me is the easy way his counterpart fitted into that other universe. I always thought Spock was a bit of a [...] Posted on September 13, 2009 at 07:24 pm by Timothy Powers O'Neill
Aug 9
Tunnel Vision: The View From Here

Expecting the world to treat you fairly because you are a good person is a little like expecting the bull not to attack you because you are a vegetarian. -Dennis Wholey I was perusing the web for real estate news when I came across this article written by Mario A. Iglesias which can be found here. The name of [...] Posted on August 9, 2009 at 08:38 pm by Timothy Powers O'Neill

Rank This Week: 2866

Bay Area Real Estate Law Blog

Covers real estate law topics such as contracts, disclosure, landlord and tenant, legislation, mortgages, and taxes. Published by the law offices of David C. Winton

http://www.sfbayrealestatelaw.com/

Oct 18
Bankruptcy Basics: What the Federal Government Wants You to Know

I get a lot of questions about bankruptcy basics: What's the difference between Chapters 7, 11 and 13: What is a discharge? What can I keep? What will I lose? Here, without fanfare or embellishment, is how the federal government describes the process. All in all, I think it's a pretty good presentation, though of course, it lacks the "inside baseball" reality from the trenches that you can get from an attorney who spends a lot of time in the Bankruptcy Court. For that, you'll have to pick up a... Posted on October 18, 2009 at 05:29 pm
Oct 9
Personal Bankruptcy: So you thought that (expensive) limited liability company would protect you? Think again.

The Wall Street Journal recently ran an article about how, when small businesses are forced to file for bankruptcy protection, the inevitable result is that it usually takes the owners down with it. This is extremely common, and far more frequently the rule than the exception. Why does this happen? Why, if the proprietor has gone through the expense and trouble to create a corporation or a limited liability company ("LLC") do these things wind up being just so much superfluous window dressing... Posted on October 9, 2009 at 09:11 am
Oct 9
Personal Bankruptcy: So you thought your fancy limited liability company would protect you? Think again.

The Wall Street Journal recently ran an article about how, when small businesses are forced to file for bankruptcy protection, the inevitable result is that it usually takes the owners down with it. This is extremely common, and far more frequently the rule than the exception. Why does this happen? Why, if the proprietor has gone through the expense and trouble to create a corporation or a limited liability company ("LLC") do these things wind up being just so much superfluous window dressing... Posted on October 9, 2009 at 09:11 am

Rank This Week: 2900

New Jersey Eminent Domain Law Blog...

New Jersey Eminent Domain Law Blog

This blog is dedicated to informing the general public, as well as attorneys and real estate professionals, about current condemnation and redevelopment procedures and their impact on private property. Published by William J. Ward of Carlin Ward.

http://www.njeminentdomain.com/

Oct 14
Atlantic Yards eminent domain oral argument at New York Court of Appeals

The New York State Court Appeals heard oral arguments today in Goldstein v. New York State Urban Development Corporation, the eminent domain controversy in which a handful of property owners have tenaciously battled New Jersey Nets owner Bruce Ratner's attempt to acquire their property to develop the Atlantic Yards. A centerpiece of the petitioners' argument was an attempt to convince the court that the term public use, as used in the New York State Constitution, should be limited to its... Posted on October 14, 2009 at 06:42 pm by Bill Ward
Oct 13
NY Court of Appeals to Hear Brooklyn Eminent Domain Case

Goldstein v. New York State Urban Development Corporation will be argued tomorrow, October 14, 2009, at 2:00 p.m. in Albany, New York. This controverisal eminent domain case challenges the Atlantic Yards project in Brooklyn. The New York State Court of Appeals will webcast the arguments live. Daniel Goldstein is the lead plaintiff as well as the catalyst and co-founder of Develop Don't Destroy Brooklyn, the group that has been fighting developer Bruce Ratner's efforts to condemn their... Posted on October 13, 2009 at 05:53 pm by Bill Ward
Sep 24
Move eminent domain reform in New Jersey

The litigation over Beachfront North in Long Branch may be over, but eminent domain abuse will continue unless the New Jersey Legislature acts. A comprehensive review and amendments to the statutes governing eminent domain in New Jersey are needed, including the Eminent Domain Act of 1971, the Local Redevelopment and Housing Law and the Relocation Assistance Act and regulations. These laws form the statutory framework governing the acquisition of property by state agencies and local government.... Posted on September 24, 2009 at 09:13 am by Bill Ward

Rank This Week: 2924

psmkr

Covers real estate, mediation, law, war and peace. By Kevin Forrester.

http://psmkr.com/category/blog/

Sep 30
On Law and Real Estate has moved.

On Law and Real Estate has moved to Forrester on Real Estate Law. Please visit this new site and update your links. Thank you. Posted on September 30, 2009 at 04:17 pm by Kevin Forrester
Sep 26
On Law and Real Estate is moving

This site is moving and becoming Forrester on Real Estate Law, estimated time of arrival is September 30, 2009. Please stay tuned. __ Posted on September 26, 2009 at 08:44 am by Kevin Forrester
Sep 20
Arbitration decisions may have become more appealable

Private arbitration decisions are not typically appealable in California, except in cases where (1) the agreement to arbitrate specifically provides a right of appeal, or where (2) our Courts of Appeal effectively provide a right of appeal. The recent decision of the California Second District Court of Appeal, entitled Burlage v. Superior Court (August 31, 2009) - Cal.App.3d -, may open the door a bit wider to appeals of private arbitration decisions. The California rule on private arbitrations... Posted on September 20, 2009 at 02:28 pm by Kevin Forrester

Rank This Week: 2994

James' Interstate Land Sales Full...

James' Interstate Land Sales Full Disclosure Act Blog

Discusses the Interstate Land Sales Full Disclosure Act (ILSFDA), which regulates the sales of condo units and subdivision lots. By James Saad.

http://ilsfdablog.blogspot.com/

Sep 8
some new cases

Venezia v. 12th & Division Properties, LLC, 2009 WL 2366417 (M.D. Tenn. Jul. 30, 2009): The court sided with Taylor in the 2-vs-3 year rescission window under 1703(c) (i.e., court said it was a 2-year window). DeLaura v. Lennar Homes, Inc., 2009 WL 2181251 (M.D. Fla. Jul. 22, 2009) (&#xc2&#xa71702(a)(2) denied where specific performance not available). In re Paramount Lake Eola, L.P., 2009 WL 2525558 (M.D. Fla. Aug. 17, 2009): 1702(a)(7) and 24 CFR 1710.14(a)(3) are not exemptions for "investors,"... Posted on September 8, 2009 at 01:05 pm by James Saad
Jul 31
two recent cases

Here are some interesting highlights from two fairly recent ILSA cases: Plant v. Merrifield Town C enter Limited Partnership, 2009 WL 2225415 (E.D. Va. July 1, 2009): Equitable remedies are available under 1709 upon a proper factual showing. Rescission is also allowed under 1709 (subject to a three-year statute of limitations), if the plaintiff can prove that it is appropriate under the facts and circumstances. The Court was a little shocked that no other courts have reached this conclusion... Posted on July 31, 2009 at 01:08 pm by James Saad
Jul 19
S.E.C. v. Century Mortgage and Contract "Switching"

S.E.C. v. Century Mortgage Co., Ltd., 470 F.Supp. 300 (D.C. Utah 1978) is a securities case that I think is applicable to some ILSA "purpose of evasion" situations. There is a fact pattern that sometimes comes up that goes like this: contracts were signed in violation of ILSA. The developer had the purchaser terminate these contracts and sign new ones under an exemption. Is this ok? There might be some variation (e.g., contracts are amended to correct violations; property reports are provided... Posted on July 19, 2009 at 05:51 am by James Saad

Rank This Week: 3073

The Business Law Blog

Covers business and real estate matters. By Wesley Denton.

http://thebusinesslawblog.blogspot.com/

Sep 6
A partnership exit plan

If you've read this blog for some time, you know that I've written often about what happens when business partners can no longer get along. But other things can happen to break up a partnership that should also be considered when setting up a business venture. For example, what if one of you dies, becomes incapacitated, or suddenly is in a divorce that may cause your partner's share of the business to be owned by his ex-spouse? Buy-sell agreements are integral to the start of a new venture, but... Posted on September 6, 2009 at 08:10 am by Wesley Deaton
Aug 30
Entrepeneurs and Adversity

More than a year now into the recession, and, for the first time in my career, having watched a largely suceessful clientele of entrepeneurs weather financial storms, I've learned that business people have handled this recession in different ways, some positive and some negative. In addition, in connection with my banking practice, I have seen other entrepeneurs deal head-on with the financial stress brought on by the recent financial downturn. 1. "Be good to the people on your way up the... Posted on August 30, 2009 at 09:37 am by Wesley Deaton
Jul 12
Five things I did right as a lawyer

A couple posts ago, I wrote to aspiring lawyers about some of the things I did wrong, in an effort to help some of you avoid my mistakes in your careers and personal lives. This week, however, I'd like to suggest certain things that I did right--and I hope you'll consider doing them too. 1. I kept the Bar Exam in perspective. I wanted to write this before many of you take your Bar Exams. When I say that I kept the Bar in perspective, I don't mean that I didn't take it seriously. I also am not... Posted on July 12, 2009 at 12:52 pm by Wesley Deaton

Rank This Week: 3079

Real Estate and Construction Law...

Real Estate and Construction Law Blog

Up-to-date information on real estate, construction, environmental, and land use law. Published by Sheppard Mullin.

http://www.realestateandconstructionlawblog.com/

Aug 28
Administrative Fee for Tax Collection is an Unconstitutional Hidden Tax

Weisblat, et al., v. City of San Diego, ___ Cal. App. 4th ____ (Aug. 18, 2009, No. D052787) By Jeffrey W. Forrest and David P. Lanferman In 1997, in an attempt to clarify the sometimes blurry distinction between a government "fee" and a government "tax," the California Supreme Court explained that "taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or a privilege granted." (Sinclair Paint Co. v. State Bd. of Equalization (1997) 15 Cal.4th 866, 874.)... Posted on August 28, 2009 at 06:49 am by Sheppard Mullin
Aug 20
Sheppard Mullin's New Climate Change and Clean Technology Blog

Please visit our new Climate Change and Clean Technology Blog at www.cleantechlawblog.com. Posted on August 20, 2009 at 11:57 am by Sheppard Mullin
Aug 18
Affordable Housing: Could California's Inclusionary Zoning Laws be on the Brink of Collapse?

by James Pugh On July 22, 2009, the California Court of Appeals issued a ruling that could send California's affordable housing laws into a tailspin. The case is Palmer/Sixth Street Properties, L.P., et al., v. City of Los Angeles, and it questioned whether cities can impose mandatory affordable housing, also known as inclusionary zoning, requirements on the development of market-rate apartment projects. The Second Appellate District Court believes not. Specifically, the court affirmed a... Posted on August 18, 2009 at 12:53 pm by Sheppard Mullin

Rank This Week: 3108

Michigan Real Estate Law Blog

Covers foreclosure, homesteads, leases, and mortgages. By Chris Williams.

http://michiganrealestatelaw.blogspot.com/

Aug 25
Counseling Resources for Distressed Homeowners

If you are having trouble making your mortgage payments and you are facing the possibility of foreclosure, you should be aware of the following resources: 1. The US Department of Housing and Urban Development ("HUD") sponsors housing counseling agencies throughout the United States to provide free or low cost advice. To locate a HUD sponsored counselor near you call 1-800-569-4287 or search online here: HUD counselors. 2. The Michigan State Housing Development Authority's ("MSHDA")... Posted on August 25, 2009 at 09:41 am by Chris Williams
Aug 7
Considering Using a For-Profit Loan Modification and Foreclosure Rescue Firm? Read This First!

Unless they are specifically exempt as provided by Michigan's Credit Services Protection Act (the "Act"), it is against Michigan state law, for for-profit loan modification and foreclosure rescue firms to charge a fee until all of the services promised by the loan modification company are completed. See MCL 445.1823(b). In other words, no upfront fees should be charged! This is becoming an increasing problem as certain companies and individuals are seeking to take advantage of people in... Posted on August 7, 2009 at 10:21 am by Chris Williams
Jul 28
Michigan's Electric Customers May Be Eligible For Financial Credit For Power Outages

There was an interesting Consumer Alert from the Michigan Department of Energy, Labor and Economic Growth today. Pursuant to Michigan Public Service Commission rules, electric customers may be eligible for a credit on their electric bill if they experience lengthy or frequent service outages. The credit for residential customers is $25. The credit for commercial customers (and other classes) is based on the customer's minimum bill. Read this consumer alert for more information: Consumer Alert. Posted on July 28, 2009 at 10:52 am by Chris Williams

Rank This Week: 3118

Saginaw Lawyers

Covers Michigan legal matters. By Mike Shovan.

http://saginaw-lawyers.com

Jul 29
Is The Obama Plan Working To Stop Foreclosures In Michigan?

In July of 2009 foreclosures are continuing to skyrocket, despite the Obama plan to help borrowers save their homes. In the first 6 months of 2009, there were 1.9 million foreclosure filings. These filings represent a 15% increase from the first 6 months of 2008. One out of every 84 homes received a foreclosure filing. June of 2009 was the fourth consecutive month that foreclosure filings surpassed 300,000 filings. If you or a loved one in Saginaw Michigan have any questions about how this law... Posted on July 29, 2009 at 03:33 pm by Mike
Jul 29
Can You Recover First Party No Fault Benefits In Michigan If You Are Injured In An Accident While Driving On A Suspended License?

The answer to this question is no. A Michigan resident who gets injured in an auto accident while driving on a suspended license is not entitled to recover first party no fault benefits if they get injured in an accident. Michigan courts have rejected the argument that the injured person had a reasonable belief that they were entitled to use someone else's vehicle. If your license is suspended, you will not be able to collect first party no fault personal protection insurance benefits. If you... Posted on July 29, 2009 at 03:22 pm by Mike
Jul 29
What is the New Law for Warrantless Automobile Searches in Michigan?

In an April 2009 decision, the U.S. Supreme Court modified the Belton rule which allowed for the contemporaneous search of the passenger compartment of an automobile, incident to a lawful custodial arrest. In Arizona v. Gant, the Court held that police may search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the arrest - or - it is reasonable to believe the vehicle contains evidence of the offense of... Posted on July 29, 2009 at 03:08 pm by Mike

Rank This Week: 3185

Spain From My (Legal) Point of...

Spain From My (Legal) Point of View

By Patricia Morales Sevillano.

http://pmsabogada.blogspot.com/

Jul 23
Aifos bankruptcy has been stated by the Court.

Last new about Aifos which has been published is clear: M&#xc3&#xa1laga Company Court Number 1 has accepted Aifos claim about its bankruptcy, considering the company keeps debts in the amount of 1.029,41 millions of euros. The Judge says Aifos has been unable to reach an agreement with their creditors and the only way to face the situation is the insolvency preceeding. According to the econmic info Aifos Posted on July 23, 2009 at 11:15 am by PATRICIA MORALES SEVILLANO
Jun 19
Irregular planning: Fuente de Piedra Council and Mirador.

It has been asked to M&#xc3&#xa1laga High Prosecutor the investigation of the irregular planning procedure carried out by Mirador in Fuente de Piedra Council. Many documents and evidences make clear that Mirador and Fuente de Piedra Town Hall worked together in the planning procedure in the area UR-3, where Mirador was supposed to build VPO houses (subsidised houses), according to the planning created by Posted on June 19, 2009 at 04:04 pm by PATRICIA MORALES SEVILLANO
May 1
Mirador de la Fortaleza plots have been sold by Mirador.

Mirador de la Fortaleza S.L. has sold La Fortaleza plots, where the promotion should have been built and handed over to one hundred families.The plots, which were arrested by Tax Authorities, were sold last November to the spanish Madrid based company Mari&#xc3&#xb1amendi S.L.We have to remind that some legal criminal actions have been taken against Mirador due to the fraud in this promotion, marketed Posted on May 1, 2009 at 05:30 pm by PATRICIA MORALES SEVILLANO

Rank This Week: 3195

Business Law

Covers Wisconsin businss and real estate law issues. By Gerbers Law.

http://gerberslaw.blogspot.com/

Jul 22
UPDATE: AAA Follows NAF

In a very interesting announcement, the American Arbitration Association has announced that it will follow the NAF in ceasing to do consumer debt arbitrations. It appears that the not-for-profit AAA did not have the same legal issues that the NAF had, nor had the AAA been sued for the same things the NAF were sued for. However, the AAA said it will cease taking this type of arbitration cases "until some standards or safeguards are established." Read more about the AAA decision here:... Posted on July 22, 2009 at 01:21 am by Gerbers Law, S.C.
Jul 20
National Arbitration Forum Stops Arbitrating

It appears that the National Arbitration Forum has closed its doors (mostly). In settlement of the claims against it by the Minnesota Attorney General, the NAF has agreed to cease almost all arbitrations that it currently offers (it has retained the right to do internet domain name arbitrations). This is significant in that the NAF was one of the go to arbitration panels utilized by credit card companies in their mandatory arbitration clauses. What will this do to the arbitration clauses? Who... Posted on July 20, 2009 at 06:41 am by Gerbers Law, S.C.
Jul 16
When Your Brilliant Business Mind Can Get Your Business in Trouble

There is a legal adage that every first year law student has likely heard, if not recited numerous times: "the man who represents himself has a fool for a client." While there are certainly instances of untrained intelligent people winning cases in a court of law, the saying might never be truer than for business owners in Wisconsin. This is because in many instances, the failure to hire an attorney might not only be unwise, but also give the opposing party the easy route to an automatic win.... Posted on July 16, 2009 at 06:54 am by Gerbers Law, S.C.

Rank This Week: 3200

California Foreclosure Blog

Covers bankruptcy and foreclosure. By Jason S. Buckingham.

http://jasonbuckingham.activerain.com/

Jul 21
Phoenix mini-bubble: (more) market manipulation

AP put out a story yesterday about "bidding wars" that are affecting home values in the greater Phoenix area. The article states that in several markets throughout the country, prices on bank-owned homes are being inflated by a combination of investors keen on getting a deal, regular home buyers (many of them first time buyers), but mainly by the fact that lenders are not putting homes on the market as fast as they are taking them back in foreclosure. The proof: for each of the last four months... Posted on July 21, 2009 at 08:12 am
Jun 16
California "foreclosure moratorium": will lenders even care?

I've been receiving many calls and emails about California's so-called foreclosure moratorium, which went into effect yesterday. Frankly, I doubt it will actually do anything meaningful for struggling homeowners. Here's why: Loan servicers can qualify for an exemption simply by filing a form with the state that claims the loan servicer has a modification program intended to keep people in their homes. Nothing in the law requires loan servicers to actually implement the programs (you know, where... Posted on June 16, 2009 at 07:24 am
May 27
Has the foreclosure crisis hit bottom? Don't bet on it

So it seems we have a variety of opinions regarding the proverbial bottom of the market: folks with vested interests in a thriving real estate market, like Zillow.com and commercial real estate mogul Sam Zell, claim that there are signs the market will improve in the next few months. Well, actually, Zillow did an opinion poll of users and reported that a majority of respondents think the market has hit bottom...wishful thinking, perhaps? Meanwhile, economists familiar with the details of the... Posted on May 27, 2009 at 06:30 am

Rank This Week: 3203

Virginia Condominium &...

Virginia Condominium & Homeowners Association Lawyer

Covers legal issues relating to condominium ownership and homeowners associations. Published by Inman & Strickler, PLC.

http://www.vahoalaw.com/

Oct 16
Board control over communication among Association members

A comment was recently posted to Mike Inman's article about the limits of Board authority. The commenter asked: 1. What authority does a Condo or HOA Board have to censor the content of: (a) a community newsletter? (b) a community website? (c) notices posted on a community notice board? 2. What authority does a Board have to prohibit Owners (or other Residents) from puttng notices or flyers (relating to community matters)on or uder doors in the community? The answers to these questions nicely... Posted on October 16, 2009 at 01:14 pm by Steven Lauer
Oct 5
Insurance and Collections

/**/ We bring you news on two popular topics; Insurance and collections. Two of our team members, Jeanne Lauer and Mike Inman, recently participated as presenters in an enjoyable association Leadership Retreat sponsored by two Virginia CAI chapters at the Boars Head Inn in Charlottesville and hope to repeat the experience next year - as do most who attended. It was a first time event which was well organized and executed. Much credit goes to our local Chapter Executive Director, Rebecca... Posted on October 5, 2009 at 07:13 am by Mike Inman
Sep 18
For Sale Signs in Yards

QUESTION: I live in a condominium townhouse and recently placed a "For Sale" sign in my yard. I was notified by the Association Manager that my sign was not allowed and would have to be removed. She also sent me the "guidelines" for all signs which has all sorts of information about the size of the sign, what it can say, whether it can be hand-painted, etc. When I bought this house I know there were lots of signs that don't sound like they were alright under the guidelines. Are they serious?... Posted on September 18, 2009 at 08:30 am by Jeanne Lauer

Rank This Week: 3225

Washington Construction Law Blog

New developments, resources, and commentary of interest to owners, builders, and design professionals. Published by Davis Wright Tremaine LLP.

http://www.waconstructionlaw.com/

Aug 18
Northwest Hub

Congrats to the Buck Law Group and its affiliated partners on the recent launch of Northwest Hub, an excellent online newspaper for the land use, real estate and environmental community. Posted on August 18, 2009 at 04:01 pm
Jul 9
Some Eye Candy...

...for you bridge lovers out there....truly awesome feat of engineering. Posted on July 9, 2009 at 01:07 pm
May 15
Condo Defect Claim Dismissed on Causation Grounds

A fitting way to end the week...the latest dispatch from the Great Condo Wars: Division 1's recent opinion in Ballard Residential v. Pacific Rim Framing establishes: Defect Causation: The condo used prefabricated Tyvek panels for the exterior. Pacific Rim did not install the Tyvek, but did list in its scope of work the obligation to "staple and tape ends of panelizer installed Tyvek vapor barrier." Eventually, the Tyvek panels fell off and/or permitted water intrusion. The Association sued... Posted on May 15, 2009 at 05:35 pm

Rank This Week: 3317

Beyond Fair Market Value

Covers eminent domain, condemntion, and takings litigation. Published by Zeitlin and Zeitlin.

http://www.beyondfairmarketvalue.com/

Mar 31
Scottsdale Settles Condemnation Case For $8,290,000

The Scottsdale City Council last week approved the settlement of a condemnation action it had filed against CGP-Aberdeen for the principal amount of $7,500,000, plus interest of approximately $790,000, for a total settlement amount of $8,290,000. The property owner was represented by Dale Zeitlin. The City had filed a lawsuit against the property owner on January 1,2003, which under Arizona law established the date of valuation. The City, however, did not ask the court to take early possession... Posted on March 31, 2009 at 03:04 pm
Mar 24
Top 100 Verdicts

The National Law Journal recognized Dale Zeitlin's jury verdict in City of Scottsdale v. Toll Brothers as one on the top 100 verdicts for 2008. In fact, the verdict, which was for $81,903,496, plus pre-judgment interest in the amount of $9,826,023, was the 26th largest jury verdict in the United States during 2008. The City of Scottsdale condemned 383 acres of vacant desert land in 2004. The property had a highest and best use for low density single family residential development The City... Posted on March 24, 2009 at 12:20 pm
Mar 24
Town of Gilbert Takes Advantage of Real Estate Market and Buys Park Land

The Town of Gilbert, using a portion of $80 million of bond money, has agreed to purchase 63 acres of land near Germann and Greenfield Roads from a landowner for a special events center. Town Manager George Pettit said that "[t]he opprotunity was there, the land was there", but that the Town needed to issue bonds to fund the purchase. In addition to the private land, the Town purchased or leased an additional 121 acres from the Maricopa County Flood Control District. Read more The Arizona... Posted on March 24, 2009 at 11:00 am

Rank This Week: 3325

wyomingcondolaw

Covers the development, governance and management of community associations, including condominiums, homeowners' associations and mixed use projects. By Lincoln Hobbs.

http://wyomingcondolaw.blogspot.com/

Mar 26
Design Committee Rebuked by Wyoming Court

In the case of Dwan v. Indian Springs Ranch Homeowners Association, Inc. 186 P.3d 1199 (Wyo. 2008), the Wyoming Supreme Court reversed a trial court's decision which had affirmed the Association's Design, Environment and Wildlife Committee ("DEW Committee"). The Supreme Court sent the case back to the trial court with instructions that the trial court compel approval of the proposed construction. It's unusual for a court, particularly an appellate court to take such strong action against an... Posted on March 26, 2009 at 01:23 am by Lincoln W. Hobbs, Esq., CCAL
Feb 8
2008 Case Summary

I spent some time last weekend at the College of Community Association Lawyer's conference in Palm Springs, CA. I live-blogged the conference on this site's parent site, www.utahcondolaw.blogspot.com, but in case you missed it, here are some of the cases that led the pack: The first case of the morning's discussion is Pacific Hills Homeowners Association v. Prun, a case involving an association's five-year long pursuit for the removal of a fence. The lawsuit came five years after the first... Posted on February 8, 2009 at 12:03 pm by Lincoln W. Hobbs, Esq., CCAL
Dec 22
Upcoming Seminars

On February 19, I'll be teaching a seminar for NBI, Legal Aspects of Condominium Development and Homeowners' Associations in Salt Lake City. My topics will include: SMOOTH OPERATION, MANAGEMENT AND CONVERSIONS 1:00 - 2:00, Lincoln W. Hobbs Understanding the Concept of Initial Consent of Homeowners' Associations Resolving Conflicts Between Governmental Rules and Association Rules Maintenance and Improvements Rights and Obligations of Unit Owners Meeting Procedures, Voting and Elections Operation... Posted on December 22, 2008 at 12:27 pm by Lincoln W. Hobbs, Esq., CCAL

Rank This Week: 3330

Foreclosure Defense Law Blog

Covers foreclosure procedures and legal defenses available to debtors. By the Nissenbaum Law Group.

http://www.foreclosuredefenselawblog.com/

Nov 14
Court Permits Holder of Tax Certificate and Mortgage Interest to Intervene

In an unpublished decision, the Appellate Division of the Superior Court of New Jersey found that an entity may purchase a mortgage and thereafter, intervene in a foreclosure action. The property that was the subject of the action was subject to a mortgage initially held by David and Anita Dorffman. In addition, it was subject to two separate tax liens that had been acquired through the purchase of tax sale certificates. Generally speaking, tax sale certificates allow a private party to... Posted on November 14, 2008 at 04:15 pm by Nissenbaum Law Group
Nov 14
Good News for First Time Homebuyers

As part of the recently enacted "Housing and Economic Recovery Act of 2008," Congress has created a temporary income tax credit to provide incentives for individuals who purchase new homes. Essentially, under the new law, a first-time homebuyer is entitled to a credit of 10% of the cost of the purchased home up to a maximum amount of $7500.00. This credit applies to the homebuyer's tax return for the year following the closing. The homeowner is then required to pay the tax credit back in equal... Posted on November 14, 2008 at 04:13 pm by Nissenbaum Law Group
Nov 13
New Jersey Governor Signs “Save New Jersey Homes Act of 2008” Into Law

On September 15, 2008, the Governor of New Jersey enacted the "Save New Jersey Homes Act of 2008," a law designed to protect homeowners threatened by foreclosure in the wake of the subprime mortgage crisis. As discussed in our previous post, Proposed New Jersey Act to Protect Against Foreclosure Passes Both Houses, the new law allows for eligible borrowers to continue to pay introductory rates on their mortgages for a period of three years before facing an interest rate reset. These homeowners... Posted on November 13, 2008 at 10:58 pm by Nissenbaum Law Group

Rank This Week: 3404

Ireland Property Law Blog

Covering property sales, purchases, and mortgages in Ireland and the United Kingdom. By Paul McNally, Solicitor.

http://www.irelandpropertylawblog.com/

May 3
Shortage of Mortgage Funds

In the UK it is becoming increasingly difficult to obtain mortgages. First Direct suspended new mortgages recently as have Halifax. The number of available mortgages has been reduced by nearly 40% this week. This is because of the credit crunch and the non-availibility of funds on the wholesale interbank market. This has forced the rise in the cost of this money which is being passed on to the consumer. First Direct claim that they have suspended their new mortgages because they cannot cope... Posted on May 3, 2008 at 04:49 am
May 3
Problems in Obtaining Mortgages

Credit is becoming more difficult to obtain because of the rise in the cost of inter-bank borrowing since last Autumn. This has led to a rise in the cost of money to borrowers. People on tracker mortgages won't be affected. However people looking for new tracker mortgages will have to pay more. As the credit crunch continues the cost of borrowing will rise further. As a consequence lending criteria will get stricter and the loan to value ratio will fall. In Britain some of the lenders, such as... Posted on May 3, 2008 at 04:44 am
Apr 18
Funding of Irish Banks

According to S&P's recent report on Irish banks wholesale funding accounts for between 46% and 48% of the needs of the banks equivalent to the European average. The reluctance of banks to lend to each other has caused the interbank interest rate to go well above the key European Central Bank rate. The Irish Banks have relatively small exposure to the troubled asset classes including the U.S. subprimes and the bond insurers (monolines). Irish Permanent and Anglo Irish Bank are more... Posted on April 18, 2008 at 10:54 pm