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|After the Demise of Construction Defect Reform - What Do We Do Now?|
Rebecca Wilcox Dow; Holland & Hart LLP;
June 5, 2015, previously published on May 14, 2015Two weeks ago, the Colorado legislature voted to kill Senate Bill 177, the reform bill intended to correct laws in Colorado related to construction defect litigation. Due to the current, well-documented need for affordable “for sale” homes and condos in Colorado, developers and...
|The Case of the Missing Promissory Note: How can a Mortgage Lender Enforce a Lost Note in Ohio?|
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
June 2, 2015, previously published on May 27, 2015Standing has recently become a foreclosure buzzword. The Ohio Supreme Court weighed in extensively on the topic and determined that a lender must establish an interest in the note or mortgage at the time it filed suit.1 To prove standing in a foreclosure action, a plaintiff generally must show that...
|Case Alert: Good News for Real Estate Agents, but Caution for Buyers|
Robert M. Steeg; Steeg Law Firm, LLC;
June 2, 2015, previously published on May 13, 2015In this article, Managing Partner, Robert M. Steeg, clarifies Rabalais v. Gray, a new case that was decided by the Louisiana Appellate Court having jurisdiction over Jefferson Parish. The case brings very good news to real estate agents, but sounds a strong note of caution for buyers of real estate.
|Key Maryland Land Use & Zoning Updates You Should Know|
Patricia A. Harris; Lerch, Early & Brewer, Chartered;
June 1, 2015, previously published on May 14, 2015The Planning Staff is tentatively scheduled to present the Staff Draft of the Bethesda Sector Plan to the Planning Board on May 21, 2015. The Staff Draft will shed light on several eagerly awaited issues, including proposed densities. While the staff has shared proposed heights for the Sector Plan...
|Why Homeowners Associations, Condominium Associations, and Property Management Companies Need to Observe Employment Laws and Establish Employment Policies|
Marc R. Engel; Lerch, Early & Brewer, Chartered;
June 1, 2015, previously published on May 7, 2015One of the biggest myths I hear perpetuated in my practice is that so-called "small" employers, or for the purpose of this article, those with fewer than 15 employees, (i.e., homeowners and condominium associations with staff) are not subject to the applicable employment laws and need not...
|CFPB's First ILSA Enforcement Action|
Peter L. Cockrell, Mark D. Hillier, Gil Rudolph; Greenberg Traurig, LLP;
May 29, 2015, previously published on May 20, 2015The Consumer Financial Protection Bureau (CFPB) recently announced an enforcement action against a property developer in Tennessee for violation of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§1701 et seq. (ILSA). According to the administrative consent order, the developer...
|Understanding What Probate Is and Is Not|
J. Anthony Kington, Richard O. Kissel, David W. Nyberg, Mary L. Rust, Julia E. Tarvin; Taft Stettinius & Hollister LLP;
May 29, 2015, previously published on May 19, 2015Property that passes under your will is subject to probate. Probate is the process of obtaining probate court approval to pass property as your will dictates, or, if you don’t have a will, under your state’s law of descent and distribution. This includes filing the will, appointing an...
|A Primer on Minor Subdivisions in Nassau County|
Andromachi (Andrea) Tsoukalas; Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana LLP;
May 28, 2015, previously published by New York Real Estate Journal on April 8, 2014I am a land use and zoning attorney and my practice is focused on development on Long Island. I have obtained subdivision approvals for large-scale commercial projects as well as smaller residential developments where we carve up large estates or split-off a parcel into two lots. This article is...
|Ten Reasons To Review Your Estate Plan Today|
Morris W. Banks, Deborah S. Breck, Rebekah M. Burgio, Herbert H. Moorin, D. Robert Morris; Pullman & Comley, LLC;
May 25, 2015, previously published on May 13, 2015It is important to review your existing estate plan periodically to determine if it continues to meet the needs of your family and appropriately addresses tax considerations in light of ongoing changes in federal and state estate tax laws.
|Buying a Distressed Residential Subdivision: Are You Getting In Over Your Head?|
Gary M. Kaleita, Adam R. Lewis; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
May 25, 2015, previously published on May 18, 2015There 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...