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|Know Before You Owe: Impending Changes to the Residential Loan Closing Process|
Jessica T. Lifshitz, John T. Metzger; McDonald Hopkins LLC;
September 15, 2015, previously published on September 15, 2015The “Know Before You Owe” mortgage rule,also known as the TILA-RESPA Integrated Disclosures rule, goes into effect on Oct. 3, 2015. The Consumer Financial Protection Bureau (CFPB) issued the final rule on Nov. 3, 2013, requiring easier-to-use mortgage disclosure forms that clearly lay...
|The Rise of Lessor Non-Disturbance Agreements in Hotel Ownership Structures in Dubai|
Helen Tapadar Hangari; DLA Piper (Canada) LLP;
September 15, 2015, previously published on September 16, 2015With some of the highest RevPAR (revenue per available room) figures and occupancy rates in the world, Dubai continues to be an attractive location for hotel developers. The rapid pace at which the market is evolving however and the nature of the hotel ownership structures in place, have given rise...
|Changes in the Tax Regime Applicable to Foreign Investment in Australian Real Estate|
Peter Faludi; DLA Piper (Canada) LLP;
September 15, 2015, previously published on September 16, 2015Recently two Australian States have announced changes to the taxes imposed by them in relation to the acquisitions of real estate which will be of particular relevance to foreign investors in Australian property. Whilst one of the changes will benefit such investors, the other will increase the tax...
|Acquiring Failed Subdivisions: The Risk Of Tyrannical Hoas|
Gary M. Kaleita, Adam R. Lewis; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
September 15, 2015, previously published on September 11, 2015Developers and builders who wish to acquire a failed developer’s residential subdivision, when there are existing homeowners in the subdivision, should BEWARE that a statutory turnover of HOA control may have occurred!
|Converting an Office Building into a Hotel in France - Legal Constraints and Process|
Christine Barnardo, Franck Denis; DLA Piper (Canada) LLP;
September 15, 2015, previously published on September 16, 2015Considering the lack of available construction land in French urban areas, and especially in the Paris region, the creation of new hotels now often results from the conversion of existing buildings, including office buildings.
|EB-5 Financing Matters: 5 Things The Wall Street Journal Did Not Mention about Real Estate Finance and the EB-5 Program|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 14, 2015, previously published on September 11, 2015The Wall Street Journal recently published two articles about the EB-5 Regional Center Program: a blog entry and a front page editorial-like review of the program. Both articles highlight gerrymandering of targeted employment areas, purported use of the EB-5 Program as cheap financing, lobbying and...
|Mind Your Neighbor’s Use of Your Land|
Anthony L. Leccese; Rudolph Friedmann LLP;
September 10, 2015, previously published on September 8, 2015Usually, the right to make use of another’s land, such as for access, for parking, or for the installation and maintenance of a structure or utility line, is the result of a grant (either express or implied) by the owner to the person seeking such right. In the case of an express grant, the...
|Landlords, No-Pet Clauses and Emotional Support Animals|
Jaime Michelle Cain; Boylan Code, LLP;
September 10, 2015, previously published on September 9, 2015I am often asked for advice by landlords who own a single apartment and property management groups who own multifamily apartment buildings alike, whether they need to accommodate a tenant’s request to have an emotional support animal in light of a no-pet policy at the premise.
|4 Key Provisions Developers Should Consider in Reciprocal Easement Agreements (REAs)|
Sharon Nelson Craig; Lerch, Early & Brewer, Chartered;
September 10, 2015, previously published on September 9, 2015A developer who owns a lot with the intention of dividing that lot into separate parcels for future development (each, a “development parcel”) will need a reciprocal easement agreement (“REA”). The purposes of the REA are to link the development parcels and their existing...
|Inclusive Communities: Supreme Court Recognizes Disparate-Impact Claims under FHA - Implications for Property Insurers|
Kathleen A. Birrane, David D. Luce, Peter S. Rice; DLA Piper (Canada) LLP;
September 10, 2015, previously published on July 8, 2015By a five-to-four margin, the Supreme Court of the United States has held that “disparate-impact claims are cognizable under the Fair Housing Act.” Texas Dep’t of Hous. & Cmty. Affairs v. Inclusive Cmtys. Project, Inc., 576 U.S. -- (2015).