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HTMLREITs Cautioned on Disclosure Practices OSC Publishes Results of Review on REIT Distribution Disclosure; Excess Distributions, Non-IFRS Metrics Among Key OSC Concerns
Christopher J. Doucet, George Dube, Aaron E. Sonshine; Bennett Jones LLP;
Legal Alert/Article
February 24, 2015, previously published on January 28, 2015
On January 26, 2015, the Ontario Securities Commission published OSC Staff Notice 51-724 - Report on Staff's Review of REIT Distributions Disclosure. The Report presented the findings of the OSC's recent review of the disclosure practices of 30 publicly-listed REITs, primarily in the area of...

 

HTMLSupreme Court Clarifies Rescission Right Under the Truth in Lending Act
Kohrman Jackson Krantz PLL;
Legal Alert/Article
February 24, 2015, previously published on January 13, 2015
On January 13, 2015, the U.S. Supreme Court issued its decision in Jesinoski et us. V. Countrywide Home Loans, Inc., et al. (No. 13-684) addressing a split in the appeals courts regarding what a borrower must do to rescind a home mortgage by the three-year deadline provided under the Truth in...

 

HTMLOhio Snow and Ice; to Remove or not to Remove, that is the Question
Kohrman Jackson Krantz PLL;
Legal Alert/Article
February 24, 2015
As we dig out from under our latest snowfalls, it seems appropriate to summarize the relatively recent Franklin County Court of Appeals decision in Cain v. McKee Door Sales, 2013-Ohio-4217, and other cases dealing with premises liability for injuries due to accumulation of ice and snow.

 

HTMLProposed Laws Would Unfairly Take Away Homeowners' Rights
Burg Simpson; Burg Simpson Eldredge Hersh Jardine P.C.;
Legal Alert/Article
February 23, 2015, previously published on November 17, 2015
Homeownership is a cherished American value. There has been much concern recently about the lack of affordable condominiums in our communities for the young adults and empty nesters who want to buy them. Even though developers, builders and others would like to blame construction defect litigation...

 

HTMLIt is a Good Time to Borrow Again
Kohrman Jackson Krantz PLL;
Legal Alert/Article
February 20, 2015, previously published on December 15, 2014
According to the US Energy Information Administration, U.S. weekly regular gasoline retail prices averaged $2.78/gallon (gal) on December 1, the lowest since October 4, 2010. U.S. regular gasoline retail prices are projected to continue declining for the remainder of the year, and average $2.60/gal...

 

HTMLThe Importance of Aesthetics: Minnesota Supreme Court Weighs in on Matching Colors
Michael T. Glascott, Joel J. Terragnoli; Goldberg Segalla LLP;
Legal Alert/Article
February 20, 2015, previously published on January 15, 2015
In Cedar Bluff Townhome Condo. Ass’n v. American Family Mutual Insurance Company, 2014 Minn. LEXIS 661 (Minn. Dec. 17, 2014), the Minnesota Supreme Court held that a property insurer was on the hook for replacing all the siding of certain apartment buildings, whether damaged or undamaged,...

 

HTMLLimitations on Bringing Federal Civil Penalty Claims: Federal Agencies Subject to a Stricter Reading
Kohrman Jackson Krantz PLL;
Legal Alert/Article
February 20, 2015, previously published on December 08, 2014
A decision issued last year by the U.S. Supreme Court has ramifications that affect property owners. The case, Gabelli v. Securities and Exchange Commission, No. 11-1274 (“Gabelli”), involved an enforcement action filed by the SEC against two investment advisers for actions that...

 

HTMLIn Florida Property Division Cases, Hidden Money Often Surfaces
Daniel M. Copeland Attorney at Law P.A.;
Legal Alert/Article
February 19, 2015
It is often the case that during these negotiations, one spouse is shocked at the numbers on the other spouse¿s statement because they do not match what he or she knows to be true.

 

HTMLFederal Tenant Protection Act Scheduled to Expire
Weltman Weinberg Reis Co. L.P.A.;
Legal Alert/Article
February 18, 2015, previously published on December 29, 2014
In 2009, President Obama signed into law the federal Protecting Tenants at Foreclosure Act (PTFA), granting tenants, under certain circumstances, the right to live out their lease or at least 90 days' notice before having to vacate a property sold at foreclosure sale. PTFA came at the height of the...

 

HTMLFailure to Record a Satisfaction of Mortgage Can Become Costly in the State of Ohio
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 18, 2015, previously published on January 02, 2015
An Act has been introduced by the Ohio legislature, known as H.B. 201, which will make it very costly for a mortgagee, or any successor or assignee of the original mortgagee, who receives a payoff from the homeowner, and fails to timely record a satisfaction of mortgage. The Act has passed both the...

 


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