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Federal Judge William Young in Massachusetts is making an unusual request of Wells Fargo in a Sept. 17 ruling in which he's requiring the bank's president and a majority of its board to approve a corporate resolution stating...more
SB Liberty, LLC v. Isla Verde Association, Inc. -
Court of Appeal, Fourth Appellate District, Division One (May 22, 2013) -
In 2006, Gregg and Janet Short purchased a home in the Isla Verde residential community...more
1. Whether the district court erred in ruling that plaintiffs failed to allege
the existence of binding TPP Agreements.
2. Whether the district court erred by dismissing plaintiffs’ breach of
Paul Wittenberg et al. v. Beachwalk Homeowners Association -
Court of Appeal, Fourth District (June 26, 2013) -
California Civil Code sections 1363.03(a)(1) and (a)(2) require that in an election, homeowners...more
Office of the Comptroller of the Currency’s Minimum Standards for Prioritization and Handling Borrower Files Subject to Imminent Foreclosure Sale for all OCC Regulated Banks.
The OCC guidance is significant because it...more
Senator Elizabeth Warren Pushes Feds For Answer On Big Bank Enforcement
WASHINGTON — Sen. Elizabeth Warren (D-Mass.) raised the stakes of her quest to find out why a single Wall Street bank has not been prosecuted in the...more
The Third District Court of Appeal recently issued an opinion that is a game changer for third-party purchasers of condominium units at foreclosure sales. The Third District’s opinion in Aventura Management, LLC v. Spiaggia...more
RESULTS OF REVIEW
Wells Fargo did not establish effective control over its foreclosure process. This failure permitted a control environment in which
The affiants routinely signed and certified that they had personal...more
Construction defect issues diminish both the value and enjoyment of homeownership, and are significant problems for homeowners and their associations, as well as potential sources of liability for developers and builders. And...more
Today we begin a new feature for Appellate Strategist -- detailed previews of civil cases just granted review in the latest term of the Illinois Supreme Court. This week we will review the late May grants, and the feature...more
Lenders foreclosing mortgages in Florida frequently encounter claims by condominium associations for past due assessments. Increasingly, those entities are extending their claims in attempts to recover attorney’s fees and...more
Florida developers and Florida real estate investors are monitoring not only what happens on appeal in the case of Lakeview Reserve HOA vs. Maronda Homes but also what the Florida Legislature is doing with HB 1013 and its...more
In Salehi v. Surfside III Condominium Owners’ Association, 2011 DJDAR 16552 (2011), the California Court of Appeal for the Second Appellate District decided a case illustrating the pitfalls of a plaintiff pursuing litigation...more
The Maryland Court of Special Appeals has recognized a cause of action by individual condominium unit owners where the council of unit owners has failed to take timely legal action against the project’s developer to address...more
Susan J. Salehi v. Surfside III Condominium Owners’ Assoc.
Court of Appeal, Second District (November 14, 2011)
This case examined who is a “prevailing party” within the meaning of Civil Code section 1354(c)....more
Following up on her recent article on the grant of an injunction to enforce property rights, Michelle Farmer of Druces LLP's property litigation department examines a recent High Court decision where damages were awarded in...more
A recent High Court decision in England and Wales has demonstrated the Courts' willingness to order the removal of completed building works built in contravention of neighbouring property rights. In many such cases previously...more
Your alma mater, the local branch of the State University system, just derecognized the Beta chapter of your fraternity. You are the president of the local house corporation. Your house corporation now has an asset, the...more
Most contractors and material suppliers are familiar with the protections afforded by California’s mechanic’s lien law on private works of improvement, however, many are not as familiar with the stop notice remedy. Any...more
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