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Adobe PDFU.S. District Court Reverses Bankruptcy Court in Important Victory for Condominium Associations
Steven G. Mlenak; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
February 25, 2016, previously published on February 2016
On February 16, 2016, the U.S. District Court for the District of New Jersey handed down an important victory for condominium associations in the matter of Whispering Woods Condo. Ass'n v. Rones (In re Rones).

 

HTMLOpen-ended real estate funds in liquidation: Damages still possible
Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
February 23, 2016, previously published on February 19, 2016
Investors in open-ended real estate funds which have since gone into liquidation can still assert claims for damages. Their prospects have improved thanks to the jurisprudence of the Bundesgerichtshof (German Federal Court of Justice).

 

Adobe PDFChanges to the Condominium Act
Joshua D. Sprague; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
Legal Alert/Article
February 16, 2016, previously published on February 1, 2016
Bill 106 (the Protecting Condominium Owners Act, 2015) received Royal Assent in the Ontario legislature on December 3, 2015. Bill 106 is the result of an 18-month public engagement process, the Condominium Act Review (the “Review”), which involved condominium owners, developers,...

 

HTMLReverse Mortgage Made to a Disabled Person Without Her Guardian’s Consent Is Void
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
February 15, 2016, previously published on January 2016
In James B. Nutter & Co. v. Black, 225 Md. App. 1, 123 A.3d 535 (2015), the Court of Special Appeals held that a reverse mortgage made by James B. Nutter & Co. to Edwina E. Black, a disabled person for whom a court had appointed a guardian, was void because the guardian did not join in the...

 

HTMLAgricultural Transfer Tax Is Subject to Cap so Montgomery County Tax Bite Must Be Reduced
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
February 15, 2016, previously published on January 2016
In Montgomery County, Maryland v. Jean K. Phillips, 445 Md. 55, 124 A.3d 188 (2015), the Court of Appeals held in a 5 to 2 decision that there is a ceiling that can be charged for the agriculture tax on the sale of property, and that ceiling includes the State surcharge plus the amount that the...

 

HTMLContractor May Maintain Suit for Payment If It Has Substantially Compiled With the Licensing Law
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
February 15, 2016, previously published on January 2016
Glen Valley Builders, LLC v. James S. Whang, No. 1141, Sept. Term, 2014, unreported (Md.Ct.Spec.App. Oct. 6, 2015), involved a lawsuit by a contractor against the homeowners who had engaged it. James S. Whang and Haibin E.C. Whang purchased the residential property in Potomac on April 10, 2009 from...

 

HTMLTrustee Need Not Be (Physically) Present at Foreclosure Sale
Seth M. Rotenberg; Gordon Feinblatt LLC;
Legal Alert/Article
February 15, 2016, previously published on January 2016
In the recent case of Fisher v. Ward, et al., 226 Md. App. 149, 126 A.3d 825 (2015), the Court of Special Appeals held that a foreclosure trustee need not be physically present at a foreclosure sale and that the trustee’s “constructive presence” would suffice. Additionally, the...

 

HTMLSophisticated Email Scams Targeting the Real Estate Industry
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 15, 2016, previously published on January 28, 2016
A sophisticated (and effective) wire-fraud scam targeting real estate (and other) transactions is on the rise, and mostly occurring in the United States.

 

HTMLPurchaser at Tax Sale Does Not Have the Right to Move to Strike a Judgement Foreclosing the Right of Redemption
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
February 15, 2016, previously published on January 2016
In CapitalSource Bank, f/b/o Aeon Financial, LLC v. First Liberty National Bank of Maryland, No. 1647, Sept. Term, 2013, unreported (Md.Ct.Spec.App. April 13, 2015), First Liberty National Bank of Maryland owned real property in Prince George’s County but did not pay the taxes on the...

 

HTMLHigh Bidders at Tax Sales Must Pay the Bid Surpluses to the Property Owners
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
February 15, 2016, previously published on January 2016
Kona Properties, Inc. v. W.D.B. Corp., Inc., 224 Md. App. 517 (2015), involved three consolidated cases with similar facts. In each, properties in Baltimore City were sold at tax sales and the Circuit Court for Baltimore City issued an order in each case foreclosing the right of redemption. The...

 


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