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|North Carolina Supreme Court Upholds Enforceability of Waiver of ECOA Claim|
Jessica K. Burr; Spilman Thomas Battle PLLC;
September 23, 2014, previously published on September 18, 2014Last 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...
|Now Is The Time To Consider Property Valuation Reassessments|
D. Kristoffer Brandenburg, Patrick J. Newton; Strauss Troy Co., L.P.A.;
September 23, 2014, previously published on September 15, 2014As 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...
|Real Estate Tip - Resolving Ambiguities Between Landlords and Tenants|
Richard W. Smith; Bernstein Shur;
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:
|Summary of Assets Exempt from Legal Execution|
Jill Keck; Weltman, Weinberg & Reis Co., L.P.A.;
September 23, 2014, previously published on September 9, 2014Although 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...
|“Reasonable Surface Rights” Can Include Strip-Mining|
Kohrman Jackson Krantz PLL;
September 23, 2014, previously published on September 22, 2014Typically, 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.
|Bill 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;
September 23, 2014, previously published on September 22, 2014On 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...
|Recent Developments Pertaining to Ohio Tax Foreclosures|
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
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,...
|Yadda Yadda Adda|
Bryan Johnston; Dentons Canada LLP;
September 18, 2014, previously published on September 15, 2014There 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...
|Battling 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;
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),”...
|Superintendent of Real Estate Publishes Amended Policy Statements pursuant to Real Estate Development Marketing Act (British Columbia)|
Craig Shirreff; McCarthy Tétrault LLP;
September 18, 2014, previously published on September 8, 2014On 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...