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|Yadda Yadda Adda|
Bryan Johnston; Dentons Canada LLP;
September 18, 2014, previously published on September 15, 2014There has been a lot of talk about the Landlord and Tenant Covenants Act 1995 (LTCA 1995) following the decisions in Good Harvest v. Centaur and K/S Victoria v. House of Fraser. However, there have been no significant determinations in respect of the issues arising from those cases and in...
|Battling on the Front Lines of Foreclosures: What Must A Lender Consider And Do When Foreclosing On A Property Owned By A Servicemember Under The "ACT"|
Steven W. Ferrell, Meredith L. Minkus; Burr & Forman LLP;
September 18, 2014, previously published on September 16, 2014 A complicated, but sometimes overlooked, issue facing foreclosing lenders is properly handling and defending against claims that a servicemember-owner is entitled to protections from foreclosure based on his or her status as a servicemember. The “Servicemembers Civil Relief Act (2003),”...
|Superintendent of Real Estate Publishes Amended Policy Statements pursuant to Real Estate Development Marketing Act (British Columbia)|
Craig Shirreff; McCarthy Tétrault LLP;
September 18, 2014, previously published on September 8, 2014On May 29, 2014, a number of important amendments to the Real Estate Development Marketing Act (REDMA) became effective. Scott Smythe and Jennifer Hayes have both commented on these amendments in previous blog posts (see http://www.canadianrealpropertylawblog.com/2014/03/redma-revisited/ and...
|Affordable Housing Update: Governor Christie Conditionally Vetoes Non-Residential Development Fee Moratorium|
Meryl A.G. Gonchar; Greenbaum, Rowe, Smith & Davis LLP;
September 16, 2014, previously published on September 2014In the latest legislative development to impact New Jersey’s affordable housing landscape, Governor Christie has conditionally vetoed A1907/S1011, proposed legislation which would have retroactively reinstated and extended, until January 1, 2015, the moratorium on payment of the 2.5%...
|Louisiana New Home Warranty Act & the LREC Property Disclosure Form|
Christie L. Laporte; Galloway, Johnson, Tompkins, Burr & Smith A Professional Law Corporation;
September 15, 2014, previously published on September 8, 2014This post is in response to the Louisiana New Home Warranty Act, La. R.S. 9:3141 et seq., and the mandatory Louisiana Real Estate Commission (LREC) property disclosure form. Case: Stutts v. Melton, 2013-0557 (La. 10/15/13), 130 So. 3d 808, 810, reh’g denied(Dec. 6, 2013).
|Absence of the Right to Bring Proceedings before the Court to Claim Redress for Damage That Decreases the Value of a Mortgage|
BSJP Brockhuis Jurczak Prusak Sp.k.;
September 15, 2014Pursuant to Art. 93 of the act on land and mortgage register and mortgage: “in the event that the decrease in value of a real property that breaches the security of a mortgage results from circumstances that the owner is not responsible for, the mortgage covers the claim of the owner for...
|New Title Insurance Endorsements: One Size Does Not Fit All|
Lillian E. Eyrich; Steeg Law Firm, LLC;
September 12, 2014Title insurance is a standard requirement in most real estate transactions and the importance to both lenders and property owners of properly underwritten title insurance is crucial. In this article, Lillian E. Eyrich, a senior associate and title insurance attorney at Steeg Law, provides an...
|Pay your Taxes before your Lender Redeems your Property|
Stephen D. Richman; Kohrman Jackson & Krantz PLL;
September 10, 2014, previously published on September 8, 2014A mortgage holder has the right to redeem (take back) real property that is the subject of a real estate tax foreclosure when the owner does not pay taxes on the land, according to the recent decision of the Ohio Supreme Court in In re Foreclosure of Liens for Delinquent Land Taxes v. Parcels of...
|The Crucial Distinction Between Carrots and Sticks: Incentives and Penalties in the Interpretation of the Interest Act|
Timothy Froese; McCarthy Tétrault LLP;
September 9, 2014, previously published on September 3, 2014Do incentives for prompt payment in a mortgage, which would be lost on default, run afoul of the prohibition against penalties for non-performance contained in s.8 of the Interest Act? The Alberta Court of Appeal recently split over this question, with the majority saying no. This case could affect...
|Deadline Imminent to Challenge Your Florida Property's Value|
Jessica T. Lifshitz, John T. Metzger; McDonald Hopkins LLC;
September 9, 2014, previously published on September 5, 2014If you own real estate in South Florida, time is running out to challenge your property’s market value as set forth in the TRIM Notice of Proposed Property Taxes that you should have received recently (the “TRIM Notice”).