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|The Sun May Have Set on the Federal Protecting Tenants at Foreclosure Act, but in the Sunshine State it is the Dawn of a new Statutory Scheme to Protect Tenants|
Adria Maria Jensen; Shumaker, Loop & Kendrick, LLP;
January 14, 2016, previously published on Autumn 2015In May 2009, the Protecting Tenants at Foreclosure Act became federal law, one of several measures enacted through the Helping Families Save Their Homes Act. The Act or “PTFA” as it was commonly called, changed the landscape of post-foreclosure possession procedures in every state,...
|Consolidated Appropriations Act Impacts REITs, FIRPTA Requirements and Depreciation|
Thomas N. Lawson, Alan J. Tarr; Loeb & Loeb LLP;
January 8, 2016, previously published on December 2015The recently enacted Consolidated Appropriations Act, 2016 makes some significant changes that affect real estate investment trusts, Foreign Investment in Real Property Tax Act reporting and withholding requirements, and depreciation of real property.
|Deed by a Disabled Person is Void, Not Voidable|
Pessin Katz Law P.A.;
January 7, 2016, previously published on December 10, 2015The Maryland guardianship laws do not fully describe the consequences of a disabled person’s entry into a transaction without the knowledge of their guardian. Is the transaction void or voidable? Is one who advances funds entitled to ratification of that act by a guardian? Are they entitled...
|Maryland Court of Special Appeals finds Tenant Entitled to Jury Trial|
Pessin Katz Law P.A.;
January 7, 2016, previously published on December 9, 2015In Kirk v. Hilltop Apartments, L.P., the Maryland Court of Special Appeals (No. 2054, September 30, 2015, Krauser, C.J.) was called upon to decide a novel question. If a lease has no expiration date and a tenant sues a landlord for a breach of lease, how does one determine if the case is properly...
|Rhema, LLC v. Foresite, LLC|
S. Joseph Cardile; Thomas, Thomas & Hafer LLP;
January 7, 2016, previously published on December 2015On June 27, 2011, Rhema acquired, in fee simple, 7823 Parston Drive in Prince George’s County, Maryland. Ten days earlier, John Foretia filed Articles of Organization for Ambondem, LLC. Mr. Moretia was the organizer, sole member, and resident agent of both Rhema and Ambondem. On May 10, 2013,...
|Sixth Circuit Analyzes When a Communication is a “Communication” that Violates the Fair Debt Collection Practices Act|
Patricia J. Scott; Foster, Swift, Collins & Smith, P.C.;
January 7, 2016, previously published on December 16, 2015There’s a fine line between a lawful and an unlawful communication by a debt collector under the Fair Debt Collection Practices Act (“FDCPA”). In a recent opinion, the U.S. Court of Appeals for the Sixth Circuit upheld a lower court ruling that a debt collector, Van Ru Credit...
|Jail Time for Residential Landlords?|
Alexander Dobrev, Hanna Edeback; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
January 5, 2016, previously published on December 18, 2015Apparently residential landlords could face jail time if two companion bills introduced in the Florida House and Senate become law during the upcoming legislative session.
|Considering Renting Your Home as a Vacation Property? Understand the Risks|
Claire Immega, Mark C. Stacey; Singleton Urquhart LLP;
January 5, 2016, previously published on December 15, 2015Web-based home-sharing rental programs like Airbnb.com, HomeAway.ca and VRBO.com are changing the way people take vacations around the world. At the same time, property owners and longer-term tenants gain income opportunities simply by leaving their home for a weekend. In popular tourist locations,...
|Protecting Your Association’s Name|
Daniel R. Gropper; Rees Broome, PC;
January 4, 2016, previously published on December 2015Every community association’s (CA) goodwill is tightly bound to their name. Sometimes others use the CA’s name without the association’s permission. This can range from real estate agents seeking to benefit from the association’s goodwill by creating an unauthorized, implied...
|The Importance of Separate Bank Accounts in Parent-Sub LLC Structures|
Chad J. Richman; McDonald Hopkins LLC;
December 29, 2015, previously published on December 17, 2015Most sophisticated real estate businesses have a separate limited liability company (“LLC”) title holder for each property in their portfolio. One of the primary drivers for this is the desire to “contain” property level obligations and liabilities to the respective LLC...