Administrative Law, Residential Real Estate, Civil Procedure

Judge Invalidates California Regulation on Estimating Replacement Costs for Homeowners Insurance

by Larry Golub, Samuel Sorich | Barger & Wolen on 4/4/2013

On March 25, 2013, Los Angeles Superior Court Judge Gregory Alarcon issued a decision which found the California Department of Insurance’s regulation on estimating replacement costs for homeowners insurance to be invalid. The...more

California Federal District Court Holds Force-Placed Insurance Claims Not Preempted By National Bank Act

by BuckleySandler LLP on 1/7/2013

On December 11, the U.S. District Court for the Northern District of California refused to preempt under the National Bank Act claims that a mortgage lender breached its contract by force-placing a backdated flood insurance...more

Does The Tarion Appeal Process Prevent A Condominium From Commencing A Civil Action?

by Shawn Pulver | Heenan Blaikie LLP on 1/7/2013

We are often asked by condominium corporations whether an appeal of Tarion’s final decision letter will prevent them from commencing a separate civil action with respect to the same deficiencies....more

California Appeals Court Enjoins Nonjudicial Foreclosure For Lenders’ Failure To Comply With HUD Servicing Requirements

by BuckleySandler LLP on 1/3/2013

On December 13, the California Court of Appeal for the First Appellate District held that the HUD servicing requirements were incorporated by reference into the borrowers’ FHA deed of trust and served as conditions precedent...more

TILA Does Not Require a Loan Servicer to Identify the Loan's Owner

by Patrick Wong | Foley & Lardner LLP on 1/2/2013

The Ninth Circuit recently sided with a loan servicer who was sued by a borrower for failing to provide him with the loan owner’s information. In Gale v. First Franklin Loan Services et al., 686 F.3d 1055 (9th Cir. 2012),...more

Second Circuit Reverses Bacolitsas Decision in Rare Win for Condo Developers

by Joseph E. Lubinski, Patrick H. Pugh | Ballard Spahr LLP on 12/31/2012

A condominium developer has garnered a significant victory in a dispute with a buyer as the result of a decision by the U.S. Court of Appeals for the Second Circuit....more

Illinois Supreme Court to Issue Final Four Civil Opinions on Friday Morning

by Kirk Jenkins | Sedgwick LLP on 12/26/2012

This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata and absolute immunity,...more

NCUA Files Its Largest MBS Suit To Date

by BuckleySandler LLP on 12/26/2012

On December 17, the National Credit Union Administration (NCUA) announced a lawsuit on behalf of four insolvent credit unions against a mortgage securitizer in which the agency alleges violations of federal and state...more

Ninth Circuit Holds Mortgage Servicers Have No RESPA Duty To Respond To Request For Loan Terms

by BuckleySandler LLP on 12/21/2012

On December 11, the U.S. Court of Appeals for the Ninth Circuit held that letters sent by two borrowers challenging the monthly payment due on their mortgage loan were not “qualified written requests” and therefore did not...more

State Law Update: New Jersey Creates Summary Foreclosure Process For Vacant And Abandoned Properties

by BuckleySandler LLP on 12/17/2012

On December 3, New Jersey Governor Chris Christie signed SB 2156, which authorizes lenders to bring summary actions to foreclose mortgages on vacant and abandoned residential properties, and grants state courts the authority...more

Supreme Court Case Involving CEQA’s “Unusual Circumstances” Exception to Categorical Exemptions Now Fully Briefed by Parties;...

by Arthur F. Coon | Miller Starr Regalia on 12/17/2012

The Respondent City of Berkeley and Real Parties (Kapors) filed their joint Reply Brief on the Merits in the California Supreme Court in a much-watched categorical exemption case, Berkeley Hillside Preservation, et al. v....more

U.S. Supreme Court Oral Arguments Set In Koontz v St John's River Water Management District for January 15, 2013

by Rosa Eckstein Schechter on 12/14/2012

One month from now, the United States Supreme Court will hear oral argument in Case No. 11-1447, styled Coy A. Koontz, Jr., Petitioner v. St. Johns River Water Management District, Respondent (read the docket here). We've...more

Governmental Actions That May Assist Insurance Recovery for Superstorm Sandy Claims

by Lynda A. Bennett, Andrew S. Zimmerman | Lowenstein Sandler LLP on 12/6/2012

Following the widespread destruction caused by “Superstorm Sandy,” the governors of New York and New Jersey declared states of emergency and issued numerous emergency executive orders and directives. Some of these orders have...more

District of Columbia Enacts Emergency Bill to Enhance Foreclosure Protections

by BuckleySandler LLP on 11/14/2012

On October 26, the District of Columbia enacted, on an emergency basis, Bill 914, which extends to borrowers that receive a defective notice of default on a residential mortgage the same protections that apply with regard to...more

FHFA Action Against Countrywide Deemed Timely

by Orrick - Structured Finance Group on 11/7/2012

On October 18, Judge Mariana R. Pfaelzer of the Central District of California denied Countrywide’s motion to dismiss an action brought by the Federal Housing Finance Authority seeking relief in connection with purchases by...more

How Much Uncertainty Does CEQA Allow? Court Upholds EIR's Practical Approach for Evaluating Uncertain Cumulative Impacts, but...

by Perkins Coie on 11/6/2012

In Preserve Wild Santee v. City of Santee, the court immersed itself in an EIR’s evaluation of the impacts of a large residential project proposing 1,395 homes and 1,400 acres of open space preserve. The court upheld the...more

Section 8 Housing: Safety Net or Tangled Web? An Overview of Section 8 Tenancy Termination and Related Due Process Issues

by Miller Starr Regalia on 11/6/2012

There is no question that the federal government’s Section 8 housing assistance rent subsidy provides an invaluable safety net to impoverished, elderly, and disabled members of our community. The Department of Housing and...more

Public Entity Did Not Have To Condemn Additional Private Property To Provide Substitute Access Road Where Affected Property Would...

by Kronick, Moskovitz, Tiedemann & Girard on 10/8/2012

A public entity that sought to condemn property that would result in elimination of a roadway easement to another property was not required to condemn additional private property to replace the road because the affected...more

Massachusetts Federal Court Reverses Prior Certification of Class in Fair Lending Case

by BuckleySandler LLP on 9/27/2012

On September 18, the U.S. District Court for the District of Massachusetts decertified a class of borrowers who allege that their mortgage lender violated the Equal Credit Opportunity Act and the Fair Housing Act by allowing...more

Lessons from a Long, Long Eminent Domain Battle

by Brad Kuhn | Nossaman LLP on 9/14/2012

A few weeks ago, the California Court of Appeal issued an interesting unpublished decision detailing a long, drawn-out eminent domain battle in Riverside County. I haven't blogged about it yet because, well to be honest, it...more

The Rights of Tenants in Georgia After Foreclosure: Part II

by Jeff Field & Associates on 9/7/2012

On May 20, 2009, a new day dawned for renters. A new federal law was enacted which protected tenants when the property they leased or rented as a residence was sold at foreclosure. The Protecting Tenants at Foreclosure Act...more

PACE Fights Regulatory and Legal Headwinds

by Lane Powell PC on 8/15/2012

Once lauded by the Harvard Business Review as a “Breakthrough Idea of 2010,” the promise of an innovative financing method for residential renewable energy and energy conservation retrofits under Property Assessed Clean...more

Does CEQA Provide For Classes of Exempt Projects? Parties File Opening Merits Brief in Supreme Court in Berkeley Hillside...

by Miller Starr Regalia on 8/3/2012

Following up on previous posts (see February and May archives), the City of Berkeley Respondents and the Kapors (Real Parties in Interest) filed their joint 80-page opening brief on the merits on July 27 in Berkeley Hillside...more

"Who is going to pay for this?" California Court of Appeal Highlights Receiver Compensation Issues

by Allen Matkins Leck Gamble Mallory & Natsis... on 7/23/2012

Real property receivers are most commonly appointed at the request of secured creditors who are often charged with the expenses of the receivership. However, secured creditors are not the only parties who may petition for the...more

Reed Smith Clients Win Precedent-Setting Illinois Residency Case

by Reed Smith on 7/19/2012

On July 16, 2012, the Appellate Court of Illinois, First District, issued a decision in favor of the taxpayers in Cain v. Hamer, 2012 Ill. App. (1st) 112833. Reed Smith’s state tax attorneys represented the taxpayers in Cain....more

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Administrative Law › Residential Real Estate › Civil Procedure