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|FASB Lease Accounting Changes|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
May 18, 2016, previously published on March 17, 2016The Financial Accounting Standards Board (FASB) is expected to finalize new lease accounting standards (“Standards”) within the coming months which will have very real consequences for owners and lessees alike. Under current accounting standards, a lease is classified as a...
|Potential Pitfalls of New GAAP Rules Related To Leases|
Chad J. Richman; McDonald Hopkins LLC;
May 16, 2016, previously published on March 7, 2016On February 25, 2016, the Financial Accounting Standards Board (FASB) issued Accounting Standards Update No. 2016-02 Leases (Topic 842). Generally, a lessee under a lease with a term of 12 months or more will be required to recognize lease assets and lease liabilities on its balance sheet beginning...
|Do a Good Deed|
Jeffrey R. Huntsberger; McDonald Hopkins LLC;
May 16, 2016, previously published on March 8, 2016People often pay little attention to the instruments by which they convey or acquire real estate. This can be cause for concern, considering the value of the asset being transferred.
|Open Permits Can Cause Headaches For Property Owners|
Gary M. Kaleita, Adam R. Lewis; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
May 10, 2016, previously published on April 8, 2016Permits are often an overlooked component of real estate transactions. So-called “open” permits can cause headaches for owners who are selling or financing their property. While title searches disclose encumbrances such as liens, mortgages, easements and restrictions, they do not...
|Mortgage Servicer Successfully Wields Bona Fide Error Defense Against FDCPA Claim: Would Your Procedures Hold Up, Too?|
Larry R. Rothenberg; Weltman, Weinberg & Reis Co., L.P.A.;
April 19, 2016, previously published on March 22, 2016A mortgage servicer servicing loans for another entity is generally subject to the Fair Debt Collection Practices Act (FDCPA), which imposes liability for communications to a borrower containing false, deceptive or misleading representations. The FDCPA affords a narrow carve-out to the general rule...
|Legal Issues Associated with Selling & Purchasing Failed Residential Subdivisions in Florida|
Gary M. Kaleita; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
April 18, 2016, previously published on March 18, 2016There 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...
|A Systematic Plan for Debt Collection|
Scott A. Chernich, Patricia Joan Scott; Foster, Swift, Collins & Smith, P.C.;
April 14, 2016, previously published on March 31, 2016There is nothing quite like obtaining a new customer or getting a new big sale - the prospect of recurring revenue from a new source, the validation of business strategy, or the culmination of a successful negotiation.
|Survey Indicates that TRID Compliance is Leading to Delays in Loan Closings and Fewer Product Offerings|
Steven L. Owen; Foster, Swift, Collins & Smith, P.C.;
April 14, 2016, previously published on March 31, 2016In November 2013, the Consumer Financial Protection Bureau (CFPB) integrated the Real Estate Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA) disclosures and regulations. The new TILA-RESPA integrated disclosures (TRID) took effect in October 2015.
|Garnishment Order Based on an Original Judgment Entered in a Maryland Court Sufficient to Garnish Wages of a Non-resident.|
Pessin Katz Law P.A.;
April 14, 2016, previously published on March 21, 2016In 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.
|A Recorded Plat May Create an Easement|
Edward J. Levin; Gordon Feinblatt LLC;
April 13, 2016, previously published on March 2016In 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...