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Documents on Real Estate, Banking & Financial Services, Real Estate
 

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HTMLThe Rule Against Perpetuities Lives On
Adam L. Browser, Douglas J. Good; Ruskin Moscou Faltischek, P.C.;
Legal Alert/Article
May 17, 2013
The bane of law students, the centuries-old Rule Against Perpetuities is, surprisingly, alive and well in the 21st century. Despite the perception that the rule is merely an academic oddity, in New York it has continued applicability to modern real estate transactions. In fact, in the last year...

 

HTMLMagistrates to Handle Florida Residential Foreclosure Actions - Florida Supreme Court Amends Rule 1.490 and Significantly Changes Landscape of Residential Foreclosure Litigation
Scott St. Amand, Douglas L. Waldorf; Rogers Towers, P.A.;
Legal Alert/Article
May 17, 2013, previously published on May 16, 2013
It is no secret that Florida consistently ranks among the worst states in the union in regards to the mire of the residential mortgage foreclosure case backlog. From 2007 to 2013, approximately 1.5 million foreclosure cases have been filed in Florida alone. As of February 2013, nearly 360,000 cases...

 

Adobe PDFCalifornia's New Subcontractor Defense Regime for Non-Residential Projects: Creating Order or Chaos?
Lauren M. Charneski, Daven G. Lowhurst; Jones Day;
Legal Alert/Article
May 17, 2013, previously published on May 2013
As explained in a recent Commentary (available at http://www.jonesday.com/navigating-treacherous-waters), California's recently enacted and amended anti-indemnity statutes have expanded the bar against one construction participant forcing another to indemnify the first participant for its own...

 

HTMLThe Consequences of the Bad Faith of a House Seller
Michael Rainer, Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
May 16, 2013, previously published on May 15, 2013
The seller of a house who fraudulently conceals an existing defect is potentially unable to plead an article of agreement excluding all warranties for defects.

 

HTMLPhiladelphia Tax Alert
S. David Fineman, Gary A. Krimstock; Fineman Krekstein & Harris, P.C.;
Legal Alert/Article
May 15, 2013
Over the last year, there has been uncertainty regarding Philadelphia real estate taxes for tax-year 2013. Recently enacted state legislation along with unsettled and shifting budget discussions at Philadelphia City Council have added to the confusion. Accordingly, we have summarized below some...

 

Adobe PDFAdverse Possession and Boundary by Acquiescence in Arkansas: Some Suggestions for Reform
J. Cliff McKinney; Quattlebaum, Grooms, Tull & Burrow PLLC;
Legal Alert/Article
May 15, 2013, previously published on Spring 2011
Some commentators have characterized adverse possession as a “strange and wonderful system,” others as “legal[ized] land theft. Like Dr. Jekyll and Mr. Hyde, it has two faces. The positive face, a doctrine of repose, provides a way to cure title problems and promotes stability of...

 

Adobe PDFDoes Turning Off The Lights Mean Turning On A Lawsuit?
J. Cliff McKinney; Quattlebaum, Grooms, Tull & Burrow PLLC;
Legal Alert/Article
May 15, 2013, previously published on Fall/Winter 2010
Everyone knows that we are living in tough economic times. Many retail businesses are looking for ways to cut costs. In some cases, national, regional and local retailers may decide to close some stores to focus resources on more profitable units. However, many retailers lease space that is subject...

 

Adobe PDFDeed Covenants of Title and The Preparation of Deeds: Theory, Law, and Practice in Arkansas.
J. Cliff McKinney; Quattlebaum, Grooms, Tull & Burrow PLLC;
Legal Alert/Article
May 15, 2013
Let’s assume A sold B his 50-year-old bungalow, located on a platted, fenced city lot in Little Rock. A conveyed a typical "general warranty deed" to B. The legal description in the deed contained the lot and block number. Delighted, B moved in; but her delight turned to dismay when...

 

HTMLBGH on an Architect ’s Responsibilities
Michael Rainer, Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
May 14, 2013, previously published on May 13, 2013
In a recent judgement, the German Federal Court of Justice (BGH) provided a few clarifications with respect to the responsibilities of an architect towards his clients.

 

Adobe PDFLandlord Wins Superstorm Sandy Rent Abatement Suit
Meyer Last, Janice Mac Avoy, Michael Mandelstam, Jennifer A. Yashar; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article
May 13, 2013, previously published on May 8, 2013
In what is believed to be the first decision in a commercial lease case arising out of the devastating losses to landlords and tenants from Superstorm Sandy, the Civil Court of New York County found that a retail tenant of a lower Manhattan property was not entitled to a rent abatement from its...

 


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