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HTMLNorth Carolina Supreme Court Upholds Enforceability of Waiver of ECOA Claim
Jessica K. Burr; Spilman Thomas Battle PLLC;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
Last month, the North Carolina Supreme Court issued an important opinion for lenders in this state. The opinion reversed the North Carolina Court of Appeals’ decision in RL REGI N.C., LLC v. Lighthouse Cove, LLC, which found that a waiver of claims contained in a forbearance agreement could...

 

HTMLNow Is The Time To Consider Property Valuation Reassessments
D. Kristoffer Brandenburg, Patrick J. Newton; Strauss Troy Co., L.P.A.;
Legal Alert/Article
September 23, 2014, previously published on September 15, 2014
As 2014 comes to a close, now is the time to start considering next year’s property tax bills. This year represents a significant period as the valuation reappraisal period is in process for three Southwest Ohio counties. Butler and Clermont County are currently in the midst of completing...

 

HTMLReal Estate Tip - Resolving Ambiguities Between Landlords and Tenants
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
Courts have many ways of deciding whether a lease means what the landlord says it means or what the tenant says it means. Here are three typical techniques and examples to help resolve ambiguities:

 

HTMLSummary of Assets Exempt from Legal Execution
Jill Keck; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
September 23, 2014, previously published on September 9, 2014
Although the methods or proceedings in aid of execution vary from state to state, each state holds certain property exempt from levy, attachment and/or garnishment. Upon review of the laws governing exemptions in each of the following states, Ohio, Kentucky, Indiana, Illinois and Pennsylvania, they...

 

HTML“Reasonable Surface Rights” Can Include Strip-Mining
Kohrman Jackson Krantz PLL;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
Typically, courts follow a well-known principle of interpreting contract (or deed) language so as to carry out the intent of the parties, when that intent is evidenced by the contract language.

 

HTMLBill Amending the Interstate Land Sales Full Disclosure Act to Clarify How the Act Applies to Condominiums Passes Congress
Leigh-Ann A. Buchanan; Berger Singerman LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
On September 18, 2014, the U.S. Senate approved, by unanimous consent, the same Bill that the House of Representatives previously passed on September 27, 2013 clarifying how the Interstate Land Sales Full Disclosure Act (“ILSA”) applies to the sale of condominium units. H.R. 2600...

 

HTMLRecent Developments Pertaining to Ohio Tax Foreclosures
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
September 23, 2014, previously published on September 9, 2014
There have been several recent developments in Ohio concerning Tax Foreclosures. First, on September 2, 2014, the Ohio Supreme Court issued a decision clarifying a lien holder's standing to redeem properties from tax foreclosure, by paying the taxes prior to the confirmation of the sale. Second,...

 

HTMLYadda Yadda Adda
Bryan Johnston; Dentons Canada LLP;
Legal Alert/Article
September 18, 2014, previously published on September 15, 2014
There has been a lot of talk about the Landlord and Tenant Covenants Act 1995 (LTCA 1995) following the decisions in Good Harvest v. Centaur and K/S Victoria v. House of Fraser. However, there have been no significant determinations in respect of the issues arising from those cases and in...

 

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 http://www.canadianrealpropertylawblog.com/2014/03/redma-revisited/ and...

 


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