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|Louisiana New Home Warranty Act & the LREC Property Disclosure Form|
Christie L. Laporte; Galloway, Johnson, Tompkins, Burr & Smith A Professional Law Corporation;
September 15, 2014, previously published on September 8, 2014This post is in response to the Louisiana New Home Warranty Act, La. R.S. 9:3141 et seq., and the mandatory Louisiana Real Estate Commission (LREC) property disclosure form. Case: Stutts v. Melton, 2013-0557 (La. 10/15/13), 130 So. 3d 808, 810, reh’g denied(Dec. 6, 2013).
|New Title Insurance Endorsements: One Size Does Not Fit All|
Lillian E. Eyrich; Steeg Law Firm, LLC;
September 12, 2014Title insurance is a standard requirement in most real estate transactions and the importance to both lenders and property owners of properly underwritten title insurance is crucial. In this article, Lillian E. Eyrich, a senior associate and title insurance attorney at Steeg Law, provides an...
|Pay your Taxes before your Lender Redeems your Property|
Stephen D. Richman; Kohrman Jackson & Krantz PLL;
September 10, 2014, previously published on September 8, 2014A mortgage holder has the right to redeem (take back) real property that is the subject of a real estate tax foreclosure when the owner does not pay taxes on the land, according to the recent decision of the Ohio Supreme Court in In re Foreclosure of Liens for Delinquent Land Taxes v. Parcels of...
|The Crucial Distinction Between Carrots and Sticks: Incentives and Penalties in the Interpretation of the Interest Act|
Timothy Froese; McCarthy Tétrault LLP;
September 9, 2014, previously published on September 3, 2014Do incentives for prompt payment in a mortgage, which would be lost on default, run afoul of the prohibition against penalties for non-performance contained in s.8 of the Interest Act? The Alberta Court of Appeal recently split over this question, with the majority saying no. This case could affect...
|Deadline Imminent to Challenge Your Florida Property's Value|
Jessica T. Lifshitz, John T. Metzger; McDonald Hopkins LLC;
September 9, 2014, previously published on September 5, 2014If you own real estate in South Florida, time is running out to challenge your property’s market value as set forth in the TRIM Notice of Proposed Property Taxes that you should have received recently (the “TRIM Notice”).
|What You Should Know Before Sharing or Leasing Your Medical Space|
Ann Marie Mehlert; Lerch Early Brewer Chartered;
September 5, 2014, previously published on September 2, 2014It is a common occurrence. One medical practice is a tenant in a building. Another medical practice or other health care provider enters into an agreement with the tenant to use some of the tenant’s examination rooms a couple of days a week in the mornings: not much time or space. Maybe the...
|Interpretation Of Leases 101: Top 10 Rules|
Abraham Costin, Matthew McCarthy; McCarthy Tétrault LLP;
September 5, 2014, previously published on August 28, 2014One of the trickiest parts of drafting any commercial agreement, including a lease, is anticipating how all its provisions will be interpreted once it is in effect. Differing interpretations can lead to disagreements between the contracting parties, and possibly to litigation. If this happens,...
|New County Ordinance Affects Land Divisions|
Robert R. Kanuit; Fryberger Buchanan Smith Frederick P.A.;
September 3, 2014, previously published on August 28, 2014If you are considering buying or selling only a part of an existing tax parcel of land, a new amendment to the St. Louis County Subdivision Ordinance that took effect last summer may affect what you can do.
|Five things a community association Board of Directors should never do!|
Donna DiMaggio Berger; Becker Poliakoff P.A.;
September 3, 2014, previously published on September 2, 2014I have represented association boards for more than two decades and served on my own HOA board at one time so understanding the mechanics of a volunteer board comes easy at this point. Part of that understanding, however, is also an acknowledgement that boards often want to undertake certain...
|How to Start Building A Valuable Brand for Your Community Association? Part II of Our Branding Series!|
Donna DiMaggio Berger; Becker Poliakoff P.A.;
September 3, 2014, previously published on August 17, 2014My last blog discussed why you should start considering your community's brand and how you are viewed in the marketplace by potential purchasers, vendors and even your local government officials.