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Adobe PDFBattling on the Front Lines of Foreclosures: What Must A Lender Consider And Do When Foreclosing On A Property Owned By A Servicemember Under The "ACT"
Steven W. Ferrell, Meredith L. Minkus; Burr & Forman LLP;
Legal Alert/Article
September 18, 2014, previously published on September 16, 2014
A complicated, but sometimes overlooked, issue facing foreclosing lenders is properly handling and defending against claims that a servicemember-owner is entitled to protections from foreclosure based on his or her status as a servicemember. The “Servicemembers Civil Relief Act (2003),”...


HTMLSuperintendent of Real Estate Publishes Amended Policy Statements pursuant to Real Estate Development Marketing Act (British Columbia)
Craig Shirreff; McCarthy Tétrault LLP;
Legal Alert/Article
September 18, 2014, previously published on September 8, 2014
On May 29, 2014, a number of important amendments to the Real Estate Development Marketing Act (REDMA) became effective. Scott Smythe and Jennifer Hayes have both commented on these amendments in previous blog posts (see and...


HTMLAffordable Housing Update: Governor Christie Conditionally Vetoes Non-Residential Development Fee Moratorium
Meryl A.G. Gonchar; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
September 16, 2014, previously published on September 2014
In the latest legislative development to impact New Jersey’s affordable housing landscape, Governor Christie has conditionally vetoed A1907/S1011, proposed legislation which would have retroactively reinstated and extended, until January 1, 2015, the moratorium on payment of the 2.5%...


HTMLAbsence of the Right to Bring Proceedings before the Court to Claim Redress for Damage That Decreases the Value of a Mortgage
BSJP Brockhuis Jurczak Prusak Sp.k.;
Legal Alert/Article
September 15, 2014
Pursuant to Art. 93 of the act on land and mortgage register and mortgage: “in the event that the decrease in value of a real property that breaches the security of a mortgage results from circumstances that the owner is not responsible for, the mortgage covers the claim of the owner for...


HTMLLouisiana New Home Warranty Act & the LREC Property Disclosure Form
Christie L. Laporte; Galloway, Johnson, Tompkins, Burr & Smith A Professional Law Corporation;
Legal Alert/Article
September 15, 2014, previously published on September 8, 2014
This 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).


HTMLNew Title Insurance Endorsements: One Size Does Not Fit All
Lillian E. Eyrich; Steeg Law Firm, LLC;
Legal Alert/Article
September 12, 2014
Title 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...


HTMLPay your Taxes before your Lender Redeems your Property
Stephen D. Richman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
September 10, 2014, previously published on September 8, 2014
A 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...


HTMLDeadline Imminent to Challenge Your Florida Property's Value
Jessica T. Lifshitz, John T. Metzger; McDonald Hopkins LLC;
Legal Alert/Article
September 9, 2014, previously published on September 5, 2014
If 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”).


HTMLThe Crucial Distinction Between Carrots and Sticks: Incentives and Penalties in the Interpretation of the Interest Act
Timothy Froese; McCarthy Tétrault LLP;
Legal Alert/Article
September 9, 2014, previously published on September 3, 2014
Do 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...


HTMLInterpretation Of Leases 101: Top 10 Rules
Abraham Costin, Matthew McCarthy; McCarthy Tétrault LLP;
Legal Alert/Article
September 5, 2014, previously published on August 28, 2014
One 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,...


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