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HTMLSurveying the Changes
Ahmad S. El-Gendi, Joaquin E. Martinez; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
March 8, 2016, previously published on February 23, 2016
Effective today, the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) announced changes to the Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys (the “Minimum Standards”).


HTMLIn the ‘Shadow Wood’ of SFR: Nevada Supreme Court Weighs in on Lender HOA Challenges
Jacob D. Bundick, Sean A. Gordon, Jennifer L. Gray; Greenberg Traurig, LLP;
Legal Alert/Article
March 7, 2016, previously published on February 23, 2016
In a September 2014 ruling, the Nevada Supreme Court jolted the lending community by holding that a homeowners association’s (HOA) non-judicial foreclosure sale can extinguish a mortgage lender’s previously-recorded first deed of trust on a property if that foreclosure is to recover...


HTMLSolving One of the Greatest Mysteries of Florida Property Law—Florida’s Valued Policy Law
Michael A. Packer; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
Florida Statute 627.702 is one of the least known and least understood property damage laws in Florida. Yet, it is the statute that can impose the greatest liability on an insurer, especially in times of catastrophic events or when a fire destroys or damages an insured structure. Claims...


HTMLEndangered Bat Poses New Challenges for Property Owners and Developers
Theodore J. Esborn; McDonald Hopkins LLC;
Legal Alert/Article
March 2, 2016, previously published on February 17, 2016
Property owners, developers, and project proponents need to be aware of a new endangered species. On February 16, 2016, a new rule passed under the Federal Endangered Species Act, took effect listing the northern long-eared bat as “endangered.” The ruling comes as the result of drastic...


HTMLBuying and Selling Commercial Real Estate: The Auction Option
Patrick A. Karbowski; McDonald Hopkins LLC;
Legal Alert/Article
March 2, 2016, previously published on February 12, 2016
With apologies to Shakespeare’s Prince Hamlet, to bid or not to bid is only the last of many important questions to be answered by those considering buying or selling commercial real estate through an auction. Real estate auctions are as old as, well, Shakespeare, and up until recently had...


HTMLPrivatizing Montgomery County's Economic Development Efforts
Robert G. Brewer; Lerch, Early & Brewer, Chartered;
Legal Alert/Article
February 29, 2016, previously published on February 1, 2016
Montgomery County is in the process of privatizing its economic development efforts by dismantling its Department of Economic Development (DED) and transferring most of its functions to a new private entity, Montgomery County Economic Development Corporation (MCEDC).


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,...


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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