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HTMLIt is a Good Time to Borrow Again
Kohrman Jackson Krantz PLL;
Legal Alert/Article
February 20, 2015, previously published on December 15, 2014
According to the US Energy Information Administration, U.S. weekly regular gasoline retail prices averaged $2.78/gallon (gal) on December 1, the lowest since October 4, 2010. U.S. regular gasoline retail prices are projected to continue declining for the remainder of the year, and average $2.60/gal...


HTMLIn Florida Property Division Cases, Hidden Money Often Surfaces
Daniel M. Copeland Attorney at Law P.A.;
Legal Alert/Article
February 19, 2015
It is often the case that during these negotiations, one spouse is shocked at the numbers on the other spouse¿s statement because they do not match what he or she knows to be true.


HTMLFederal Tenant Protection Act Scheduled to Expire
Weltman Weinberg Reis Co. L.P.A.;
Legal Alert/Article
February 18, 2015, previously published on December 29, 2014
In 2009, President Obama signed into law the federal Protecting Tenants at Foreclosure Act (PTFA), granting tenants, under certain circumstances, the right to live out their lease or at least 90 days' notice before having to vacate a property sold at foreclosure sale. PTFA came at the height of the...


HTMLFailure to Record a Satisfaction of Mortgage Can Become Costly in the State of Ohio
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 18, 2015, previously published on January 02, 2015
An Act has been introduced by the Ohio legislature, known as H.B. 201, which will make it very costly for a mortgagee, or any successor or assignee of the original mortgagee, who receives a payoff from the homeowner, and fails to timely record a satisfaction of mortgage. The Act has passed both the...


HTMLMassachusetts Court Rejects Economic Loss Rule in Development Claim
Sally Fitch LLP;
Legal Alert/Article
February 18, 2015
Condominium associations scored a legal win late last year with a decision rendered by the Massachusetts Appeals Court in Wyman v. Ayer Properties, LLC, 83 Mass. App. Ct. 21 (2012). In the case, the court barred use of the economic loss rule thus ruling in favor of the association for losses...


HTMLDocumentary Stamp Taxes: Enforcing a Promissory Note and Mortgage Prior to Payment
Karl R. Gruss, Edward Lee Kelly; Rogers Towers, P.A.;
Legal Alert/Article
February 18, 2015, previously published on January 13, 2015
While failure to pay Florida’s documentary stamp taxes on a promissory note or mortgage can subject the offender to criminal and financial sanctions, the state’s courts of appeal are split when it comes to determining whether Florida law permits enforcement of a note or mortgage when...


HTMLImplied Contract Terms: Leases and Rent Refunds
Parris Whittaker;
Legal Alert/Article
February 18, 2015, previously published by ParrisWhittaker
Parties to commercial leases should appreciated and understand the extent of their rights and responsibilities to commercial landlords, to minimize the risk of disputes. The expert commercial litigation lawyers at Bahamas firm ParrisWhittaker are highly experienced in providing legal advice to...


HTMLMaryland's Lead Risk Reduction in Housing Act
Ruth O. Katz; Lerch Early Brewer Chartered;
Legal Alert/Article
February 18, 2015, previously published on December 16, 2014
Effective January 1, 2015, all residential rental properties constructed prior to 1978 must comply with the Maryland Lead Risk Reduction in Housing Act by paying a fee and registering with the Department of the Environment, having the rental property tested for the presence of lead prior to changes...


HTMLOverview of HUD’s 2013 Guidance on Assistance Animals as Reasonable Accommodations under the Federal Fair Housing Statutes, and Post-guidance Developments
Yoora Pak, Angela M. Sekerka; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 18, 2015, previously published on December 18, 2014
The Fair Housing Amendments Act (FHAA) makes it unlawful to discriminate against disabled individuals in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of disability. 42 U.S.C.S. § 3604(f)(1). The FHAA’s definition of unlawful...


HTMLCan You Lien Yourself? Sometimes the Answer is, Yes!
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
February 18, 2015, previously published on December 23, 2014
In Peabody-Waterside Development, LLC v. Island of Waterside, LLC, an Illinois Appellate Court concluded that a member of an LLC could rightfully lien its own LLC to collect amounts for grading and site development work. While the concept of liening your own entity may seem strange, in the right...


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