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Documents on Real Estate, Real Estate, Homebuilders
 

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HTMLOhio Supreme Court Says Ohio Consumer Sales Practices Act Does Not Apply to Servicing of Residential Mortgage Loans
Matthew G. Burg; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
May 21, 2013, previously published on May 15, 2013
Does the Ohio Consumer Sales Practices Act ("OCSPA") (codified in Chapter 1345 of the Revised Code) apply to servicers of residential mortgage loans? That was the question an Ohio federal district court asked the Ohio Supreme Court to determine. The answer - it does not. See Anderson...

 

Adobe PDFWhat Does “House” Mean in Government Leases? It All Depends on the Context, Says the Court of Final Appeal in Fully Profit.
Fun Kuen Au, Pheona S. Y. Chow; Mayer Brown JSM;
Legal Alert/Article
May 21, 2013, previously published on May 20, 2013
The Court of Final Appeal (“CFA”) handed down its long-awaited decision in Fully Profit (Asia) Limited vs. The Secretary for Justice for and on behalf of the Director of Lands (FACV 17/2012) on 13 May 2013. The appellant Fully Profit owns a site at Nam Kok Road, Kowloon City, comprising...

 

HTMLKeys to a Financeable Ground Lease
Lamont R. Richardson; Parr Brown Gee & Loveless A Professional Corporation;
Legal Alert/Article
May 21, 2013, previously published on May 16, 2013
I often receive questions about what constitutes a financeable ground lease. The answer is relatively simple - any ground lease that you can get financing on. Although this response is a little “tongue-in-check,” it’s not far from the truth. Different lenders focus on different...

 

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.

 

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...

 

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 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...

 


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