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|Sixth Circuit in Carter Refuses to Defer to HUD’s RESPA Guidelines|
Jennifer M. Keas, Michael D. Leffel, Jay N. Varon; Foley & Lardner LLP;
December 17, 2013, previously published on December 10, 2013In a decision two years in the making, on Wednesday, November 27, 2013, the Sixth Circuit Court of Appeals brought some clarity to the use of affiliated business arrangements (“ABAs”) under Real Estate Settlement Procedures Act (RESPA). In doing so, the Court dealt a serious blow to...
|Reducing Legal Fees the Easy Way- (Give Them to the Other Party to Your Contract)|
Stephen D. Richman; Kohrman Jackson & Krantz PLL;
December 17, 2013, previously published on December 16, 2013On the short list of what people are most troubled by, legal fees often comes in third, after death and taxes. I can still hear my father (an “old world real estate entrepreneur”) telling me what he expected from his lawyers, upon my passing the Ohio Bar Exam.
|Standing qua Mortgagee: Challenging The Assignment Of A Mortgage In Federal Court|
Gabriel Crafton; Rogers Towers, P.A.;
December 16, 2013, previously published on December 10, 2013Mortgages are big business. When mortgages are assigned, however, the mortgagor often is a non-party to the assignment. Thus, within certain jurisdictions, mortgagors have historically lacked the requisite standing to challenge the validity of the assignment.
|Relative Priorities of Planning Instruments Governing National Park Towns|
Elsa Johnson; Field Law;
December 13, 2013, previously published on December 5, 2013Municipalities located within national parks are subject to unique development constraints. The federal National Parks Act and provincial Parks Towns Act enable agreements between the federal and provincial governments for incorporation of towns within national parks. Once incorporated, park towns...
|Intervener Not Allowed In Passing Off Claim|
Borden Ladner Gervais LLP;
December 13, 2013, previously published on December 11, 2013The Constellation Group sought leave to intervene under Rule 109 in an unfair competition action for the tort of passing off. The plaintiffs opposed and one defendant took no position. The motion was ultimately dismissed.
|Substantial Evidence Test Applies to Decision Not to Require Additional EIR|
Ryan Lund; Sheppard, Mullin, Richter & Hampton LLP;
December 13, 2013, previously published on December 5, 2013In Latinos Unidos de Napa v. City of Napa (1st Dist., Div. 1, 10/10/13, A134959), --- Cal.App.4th ---, 2013, the court of appeal found no abuse of discretion in the City of Napa’s approval of revisions to the housing element of its general plan, and related general plan and zoning amendments,...
|No New Environmental Review Required To Increase Housing Densities in City's General Plan|
Katherine J. Hart; Abbott & Kindermann, LLP;
December 13, 2013, previously published on December 4, 2013In Latinos Unidos de Napa v. City of Napa (2013) 221 Cal.App.4th 192; 2013 Cal.App. LEXIS 893 (Latinos Unidos II), the Court of Appeals, First Appellate District, upheld the City of Napa’s (City) use of its 1998 Program EIR (prepared and certified for purposes of the City’s 2020 General...
|Municipalities Can Make Mistakes Significantly Impacting Land Developers|
Brian Futoransky; Field Law;
December 13, 2013, previously published on December 5, 2013This summer the Alberta Court of Appeal in the case of 1694192 Alberta Ltd. v. Lac La Biche County (Subdivision and Development Appeal Board), was asked to grant 1694192 Alberta Ltd. leave to challenge a decision made by the Lac La Biche Subdivision Appeal Board in which it revoked a development...
|CFPB Issues Revised TILA and RESPA Examination Procedures|
Troutman Sanders LLP;
December 13, 2013, previously published on December 10, 2013On November 27, 2013, the Consumer Financial Protection Bureau (CFPB) released updated examination procedures intended to test loan originators’ and servicers’ compliance with the Truth in Lending Act (TILA Update) and the Real Estate Settlement Procedures Act (RESPA Update).
|The Condominium Corporation and the Developer Board|
Paul Girgulis; Field Law;
December 13, 2013, previously published on December 5, 2013Upon the registration of a condominium plan at Land Titles (or the first phase of a condominium plan in the case of a phased development), a condominium corporation is created. The condominium corporation is the vehicle by which the owners of Units and their associated Unit Factors manage and...