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HTMLLegal Issues Associated with Selling & Purchasing Failed Residential Subdivisions in Florida
Gary M. Kaleita; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
April 18, 2016, previously published on March 18, 2016
There are many ways to acquire a distressed residential subdivision for what may seem to be a bargain price. Whether an investor is buying the property at a foreclosure sale or purchasing a defaulted mortgage loan on the property, issues may exist that, if known at the time of purchase, would...

 

HTMLGarnishment Order Based on an Original Judgment Entered in a Maryland Court Sufficient to Garnish Wages of a Non-resident.
Pessin Katz Law P.A.;
Legal Alert/Article
April 14, 2016, previously published on March 21, 2016
In Daniel M. Mensah v. MCT Federal Credit Union, No. 54, Sept. Term, 2015 (Opinion by Battaglia, J.), the Maryland Court of Appeals, Maryland’s highest court, addressed an issue of first impression regarding wage garnishments.

 

HTMLA Recorded Plat May Create an Easement
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
April 13, 2016, previously published on March 2016
In Emerald Hills Homeowners’ Association, Inc. v. Peters, No. 32, Sept. Term, 2015 (Md.Ct.App. Jan. 27, 2016) the Court of Appeals held that an easement may be created by a plat even without compliance with the requirements of the Maryland recording statute. Also, the Court held that because...

 

HTML"Best" is Not Always Best When It Comes to Knowledge
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
April 13, 2016, previously published on March 2016
The term “knowledge” is used in affidavits, applications, representations, warranties, third-party opinion letters, and in other legal contexts to indicate that statements are not guaranteed to be true but are correct based on the information of the person making the statement, giving...

 

HTMLPaving a Restaurant's Parking Lot Engenders Considerable Litigation
Samantha R. Stephenson; Gordon Feinblatt LLC;
Legal Alert/Article
April 13, 2016, previously published on March 2016
In Oregon, LLC v. Falls Road Community Association, No. 1234, Sept. Term, 2014, unreported (Md.Ct.Spec.App. Jan. 29, 2016), as part of a long string of legal proceedings pertaining to the repaving of a gravel parking lot at The Oregon Grill restaurant, the Court of Special Appeals vacated an...

 

HTMLWhen Is a Deed in Lieu of Foreclosure Not a Deed?
Lawrence D. Coppel; Gordon Feinblatt LLC;
Legal Alert/Article
April 13, 2016, previously published on March 2016
A deed in lieu of foreclosure may be taken by a lender under a workout agreement after its loan goes into default. However, depending upon the terms of the agreement, the lender’s deed may be no better than the mortgage or deed of trust that it was granted in the first place.

 

HTMLTransfer to Hide Property from Collection Efforts Found to Be a Fraudulent Conveyance
Richard H. Topaz; Gordon Feinblatt LLC;
Legal Alert/Article
April 13, 2016, previously published on March 2016
In Marquitta Russell, et al. v. Pessin Katz Law, P.A., f/k/a Hodes, Pessin & Katz, P.A., No. 1783, Sept. Term, 2014, unreported (filed Oct. 30, 2015), the Court of Special Appeals affirmed the judgment of the Circuit Court for Baltimore City setting aside the transfer of property from Marquitta...

 

HTML"Inaction" by Government May Constitute a "Taking" of Property
William D. Shaughnessy; Gordon Feinblatt LLC;
Legal Alert/Article
April 13, 2016, previously published on March 2016
In Litz v. Maryland Department of Environment, No. 23, Sept. Term 2015 (Md.Ct.App. Jan. 22, 2016), the Maryland Court of Appeals held that a property owner has a claim that government has “taken” property when a governmental entity has failed to act in the face of an affirmative duty of...

 

HTMLBorrowers Were on Inquiry Notice of Fraud so Their Claims Were Stale
Richard H. Topaz; Gordon Feinblatt LLC;
Legal Alert/Article
April 13, 2016, previously published on March 2016
Suzanne Scales Windesheim, et al. v. Frank Larocca, et al., 443 Md. 312, 116 A.3d 954 (2015), involved a class action lawsuit brought by three married couples (the “Borrowers”) alleging that several realtors and lenders (the “Defendants”) engaged in a...

 

HTMLDon't Stress with Distress: A Landlord's Distress Remedy in Delane Industry Co. Ltd. v. PCI Properties Corp.
Brennan M. Carroll, D. Ross McGowan; Borden Ladner Gervais LLP;
Legal Alert/Article
April 12, 2016, previously published on March 23, 2016
Determining the most appropriate remedy in response to a tenant's failure to pay rent can be a difficult decision for a commercial landlord. Exercising distress is one such available remedy. The British Columbia Court of Appeal's decision in Delane Industry Co. Ltd. v. PCI Properties Corp., 2014...

 


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