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HTMLCreditors Beware: Married Couples Claiming Homestead Protection on Two Residences May Avoid a Forced Sale
Karl Gruss, Edward Lee Kelly; Rogers Towers, P.A.;
Legal Alert/Article
October 8, 2014, previously published on September 30, 2014
Florida’s homestead exemption protects a married couple’s primary residence from forced sale to satisfy a judgment lien, but what happens when spouses retain two properties as their individual primary residences, claiming homestead protection on each? The answer comes down to whether...

 

HTMLVacant Property Registration Ordinances: Understanding the Issues
Kohrman Jackson Krantz PLL;
Legal Alert/Article
October 2, 2014, previously published on September 29, 2014
Since the foreclosure crisis in 2008 - 2009, many communities in the U.S. have enacted “vacant property registration” ordinances (VPR ordinances) as a tool to help them deal with problem properties that are vacant. There are over 80 such ordinance issued or proposed in the state of Ohio...

 

HTMLForeclosure of Condominium Lien Extinguishes First Deed of Trust
R. Alex DuFour, Steven L. Dube, William M. Hoffman, William W. Riggins, David L. Weintraub; Linowes and Blocher LLP;
Legal Alert/Article
October 2, 2014, previously published on September 19, 2014
Lenders beware: A first deed of trust secured by a condo unit in Washington, D.C. might not be safe. In the case of Chase Plaza Condominium Association, Inc. and Darcy, LLC v. JPMorgan Chase Bank, N.A., decided on August 28, 2014, the D.C. Court of Appeals held that a condo association's...

 

HTMLA Welcome Change of Law in NC: A Workable Framework for Transferring Declarant Rights in a Foreclosure or Deed in Lieu
Timothy R. Moore; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
September 30, 2014, previously published on September 25, 2014
Good news! The murkiness surrounding declarant rights in North Carolina became a little clearer this summer. On July 7, 2014, Governor McCrory signed an amendment to the Planned Community Act addressing the transfer of declarant rights. This article only addresses lender’s rights or liability...

 

HTMLSupreme Court Of New Jersey Holds That Cardiovascular Death Is Not Compensable.
Angela Y. DeMary; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The New Jersey Supreme Court reiterated that there remains a heightened standard of proof and causation for cardiovascular claims. The Supreme Court opined in Rennerr/i> that the decedent husband/petitioner failed to sustain his burden of proving a compensable cardiovascular death.

 

HTMLHomeowners “Bluffed” Out Of Challenge To Coastal Permit To Rebuild Private Access Stairs
Joshua Weiss; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 25, 2014, previously published on September 18, 2014
The Court of Appeals for the Fourth Appellate District (Division One) has held that homeowners who accepted the benefit of a coastal development permit (“CDP”) for seawall reconstruction to protect their bluff-top homes cannot subsequently challenge the terms upon which the CDP was...

 

HTMLMechanics Lien Subordination: Illinois Further Limits Construction Lenders’ Ability To Ensure Priority Against Mechanics Liens
Michael J. Roth; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 25, 2014, previously published on September 18, 2014
On July 16, 2014, Illinois enacted Public Act 98-764 (Senate Bill 3023) (“SB 3023”), which amends the Illinois Mechanics Lien Act (770 ILCS 60/ et seq.) (the “Act”) to prohibit subordination of mechanics liens on Illinois construction projects, unless such subordination is...

 

HTMLLevel of Detail Adequate in High Speed Rail Authority’s Program EIR for Central Valley to Bay Area Rail Corridor
Jennifer Gunsch; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
September 25, 2014, previously published on September 18, 2014
The appellate court upheld the California High-Speed Rail Authority’s Program EIR for the Central Valley to Bay Area portion of the route, concluding that (1) the Authority properly limited its environmental analysis to a program level when it deferred site-specific analysis of the vertical...

 

HTMLReal Estate Agents: Think Twice Before Referring a Client to a Service Provider
Shulman Rogers Gandal Pordy Ecker P.A.;
Legal Alert/Article
September 24, 2014, previously published on September 23, 2014
The Real Estate Commission has adopted a new requirement in its Code of Ethics that will make the prudent agent wary of freely providing referrals to clients. Under the new rule, personal experience with a service provider will no longer serve as adequate vetting of a service provider if the agent...

 

HTMLAB 1103 Update: Postponement of Certain Nonresidential Building Energy Use Disclosure Requirements
Brandon E. Barker, Dawn Saunders, Gabriel Schnitzler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 24, 2014, previously published on September 11, 2014
Under California Assembly Bill 1103 (“AB 1103”, codified as California Public Resources Code Section 25402.10), owners and operators of nonresidential buildings must disclose certain building energy performance data to a prospective buyer, a tenant of the entire building, or a lender...

 


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