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HTMLNew Texas Law Lists Requirements for Condominium Defect Litigation
Clayton C. Cannon, Collin G. Warren; Adams and Reese LLP;
Legal Alert/Article
September 3, 2015, previously published on August 25, 2015
The Texas Legislature recently passed House Bill 1455 which addresses defect and design claims relative to condominiums and condominium associations. Among the key issues are a series of new steps that must be accomplished before a lawsuit is filed. The new law applies only to a suit filed or...


HTMLAn Analysis of Ohio's Proposed Deed-in-Lieu and Leaseback Program
Larry R. Rothenberg; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
September 1, 2015, previously published on August 28, 2015
On August 25, 2015, House Bill 303 was introduced into the Ohio legislature, proposing the creation of a program whereby a borrower can give its mortgage holder a deed in lieu of foreclosure and remain in possession of the property pursuant to a lease with the mortgage holder, while the borrower...


HTMLSixth Circuit Holds that Legal Entities are “Persons” Under the Fair Debt Collection Practices Act
Patricia J. Scott; Foster Swift Collins Smith P.C.;
Legal Alert/Article
August 27, 2015, previously published on August 27, 2015
Is a corporation a person? This oft-debated topic has been the subject of many legal disputes, and even found its way into the headlines during the 2012 presidential campaign. The U.S. Supreme Court recently, famously and controversially grappled with the issue of whether corporations are...


HTMLCase Alert: Boudreaux v. Cummings - A Shift in the Law May Have Consequence for the Development of Property
David A. Martinez; Steeg Law Firm, LLC;
Legal Alert/Article
August 24, 2015, previously published on Summer 2015
In this article Senior Associate David A. Martinez clarifies a recent case, Boudreaux v. Cummings, which may signal a meaningful shift and restriction on the ability of an owner to acquire a servitude right to the use of a driveway or alley of another property owner to access their own property.


HTMLSupreme Court Takes on Housing Discrimination
Christopher A. Roach; Adams and Reese LLP;
Legal Alert/Article
August 20, 2015, previously published on August 17, 2015
The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor neighborhoods violate the Fair Housing Act (FHA), even if there is no proof that discrimination was intentional. In a 5-4 decision, the Court formally recognized the availability of “disparate...


HTMLPayment by Installments for Changing Permitted Use of Land in Moscow Possible
Elena Stepanova; Capital Legal Services;
Legal Alert/Article
August 13, 2015, previously published on March 20, 2015
Currently, changing the permitted use of privately owned land to another permitted use allowing construction and/or reconstruction of the capital facilities is performed in Moscow on a paid basis according to the general rule.


HTMLOrange County Hotels See Significant Increase in Property Appraiser Valuations
S. Brendan Lynch; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
August 11, 2015, previously published on August 10, 2015
After weeks of rumors regarding hotel valuations in Orange County, it is now confirmed: the Orange County Property Appraiser has made it a priority to increase both the market values and assessed values of hotels for 2015. This is particularly true for “high-end” hotels, which have seen...


HTMLBeware Of The One-Two Punch Expected In The Fair Housing Law Arena
Christine Baran, C. Edward Rawl, Danielle S. Urban; Fisher & Phillips LLP;
Legal Alert/Article
August 11, 2015, previously published on August 10, 2015
The combination of a recent unfavorable Supreme Court decision along with dramatically increased federal funding for fair housing enforcement could spell bad news. Businesses that operate in the housing industry and those businesses that provide financing and insurance coverage for the industry...


HTMLBuilder Victory in Arizona on Subsequent Homeowner Defect Claims
Jill Ann Herman, Robert R. Monroe; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
August 10, 2015, previously published on August 4, 2015
This case is important to builders in the State of Arizona because it effectively eliminates any claim that a subsequent homeowner may bring for negligence. Before this case, subsequent homeowners arguably had more rights than original homeowners for construction defects because the economic loss...


HTMLThe Top Questions Every Lender Should Ask When Reviewing Commercial Leases
Ann M. McGowan Mehlert; Lerch, Early & Brewer, Chartered;
Legal Alert/Article
August 7, 2015, previously published on August 3, 2015
You are tasked with handling the due diligence for a commercial real estate loan. The dollar amount of the loan is based on the rental stream from leases on the property. Sitting on your desk is a pile of leases - some longer than a hundred pages. On top of that pile is a rent roll given to you by...


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