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Adobe PDFThe 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;
Legal Alert/Article
January 14, 2016, previously published on Autumn 2015
In 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,...

 

HTMLConsolidated Appropriations Act Impacts REITs, FIRPTA Requirements and Depreciation
Thomas N. Lawson, Alan J. Tarr; Loeb & Loeb LLP;
Legal Alert/Article
January 8, 2016, previously published on December 2015
The 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.

 

HTMLMaryland Court of Special Appeals finds Tenant Entitled to Jury Trial
Pessin Katz Law P.A.;
Legal Alert/Article
January 7, 2016, previously published on December 9, 2015
In 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...

 

HTMLRhema, LLC v. Foresite, LLC
S. Joseph Cardile; Thomas, Thomas & Hafer LLP;
Legal Alert/Article
January 7, 2016, previously published on December 2015
On 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,...

 

HTMLSixth 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.;
Legal Alert/Article
January 7, 2016, previously published on December 16, 2015
There’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...

 

HTMLDeed by a Disabled Person is Void, Not Voidable
Pessin Katz Law P.A.;
Legal Alert/Article
January 7, 2016, previously published on December 10, 2015
The 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...

 

HTMLJail Time for Residential Landlords?
Alexander Dobrev, Hanna Edeback; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
January 5, 2016, previously published on December 18, 2015
Apparently residential landlords could face jail time if two companion bills introduced in the Florida House and Senate become law during the upcoming legislative session.

 

HTMLConsidering Renting Your Home as a Vacation Property? Understand the Risks
Claire Immega, Mark C. Stacey; Singleton Urquhart LLP;
Legal Alert/Article
January 5, 2016, previously published on December 15, 2015
Web-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,...

 

Adobe PDFProtecting Your Association’s Name
Daniel R. Gropper; Rees Broome, PC;
Legal Alert/Article
January 4, 2016, previously published on December 2015
Every 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...

 

HTMLThe Importance of Separate Bank Accounts in Parent-Sub LLC Structures
Chad J. Richman; McDonald Hopkins LLC;
Legal Alert/Article
December 29, 2015, previously published on December 17, 2015
Most 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...

 


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