Commercial Law & Contracts, Commercial Real Estate, Residential Real Estate

Subletting & Assigning Rental Property

by Matthew J. Wilson | Lerners LLP on 5/20/2013

Did you know that as a tenant, you are not able to simply walk away from your lease? There are protections in place for both the tenant and the landlord under the Residential Tenancies Act, which means you may end up owing...more

Maryland Removes Potential Barrier To Refinance Transactions

by BuckleySandler LLP on 5/16/2013

On May 2, Maryland enacted SB 199, which authorizes a mortgagor to refinance the full balance of a loan secured by a first mortgage or deed of trust without the permission of the holder of a junior lien if (i) the principal...more

Keys To A Successful Luxury Real Estate Transaction: Part I

by Schecter Law on 5/16/2013

Part I: Have an Experienced Real Estate Attorney Review the Contract Mistakes in real estate contracts can cause major issues....more

Real World - Spring 2013: Damages include fall in market

by Sophie Ogilvie | Dechert LLP on 5/14/2013

Two recent cases have highlighted circumstances in which damages for breach of contract may include loss caused by a fall in market values....more

The New Lien Waiver Form Prevents Subs And Suppliers From Being Strong Armed

by Joe Virene | Looper Reed & McGraw, P.C. on 5/14/2013

Historically, subcontractors and suppliers were compelled to sign onerous and overreaching lien waivers and releases in order to receive payment. In addition, many subcontracts contain lien waivers lurking in the boiler...more

Condominium And Homeowners Bills Enacted By The 2013 Florida Legislature

by Martin Schwartz | Bilzin Sumberg Baena Price & Axelrod LLP on 5/14/2013

HB 73- Omnibus Legislation - This bill containing 74 pages is a "stripped down" version of a bill which passed the House last year but failed to obtain Senate approval. It contains a potpourri of changes to the...more

Georgia Lien Law Revised In Favor of Contractors

by Jennifer Grippa | Miller & Martin PLLC on 5/10/2013

Legislation signed into law this week will have meaningful impacts on contractors asserting liens against property owners for non-payment. On Tuesday, May 7, 2013, Georgia Governor Nathan Deal signed into law House Bill 434,...more

Summary Of HUD’s LEAN 232 Program E-Mail Blast: Office Of Residential Care Facilities (ORCF), April 29, 2013

by Christine Waldmann Carmody, Blair L. Schiff | Pepper Hamilton LLP on 5/10/2013

In an effort to summarize the highlights of the U.S. Department of Housing and Urban Development (HUD) LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper are providing this...more

Maryland Again Changes Recordation Tax Payable on Indemnity Deeds of Trust - Effective as of July 1, 2013

by Walter Kirkman, Kevin LaTulip, Jr. | Ober|Kaler on 5/6/2013

Recordation Tax Now Charged Upon Recordation of Indemnity Deeds of Trust Securing a Guarantee of a Loan or Related Loans of $3,000,000 or More - Governor Martin O’Malley signed legislation this week that will again...more

Pa. Supreme Court Issues Decision in Butler Case

by Michael Connelly | Spilman Thomas & Battle, PLLC on 5/2/2013

On April 24, 2013, the Pennsylvania Supreme Court issued its highly anticipated decision in the Butler v. Charles Powers Estate case. The Supreme Court decided to maintain the status quo in Pennsylvania by reaffirming the...more

An Update On North Carolina's New Lien Agent System

by Martin Flyke | Poyner Spruill LLP on 4/30/2013

On April 1, 2013, the changes to North Carolina’s construction lien laws enacted in July 2012 became effective. For a general overview of the pertinent changes, please review the articles written by Brian Corbett and Tom...more

Part I – How will North Carolina Handle Forced Pooling?

by Jessica L. Kimble | Spilman Thomas & Battle, PLLC on 4/29/2013

By October 1, 2013, the North Carolina Mining and Energy Commission (“N.C. MEC”) must report its findings and recommendations for hydraulic fracturing to the Joint Legislative Commission on Energy Policy and the Environmental...more

Real Estate Tip – Hedge Against Future Inflation: Understanding The Capitalization Rate

by Richard Smith | Bernstein Shur on 4/29/2013

Net operating income ÷ building capital cost = capitalization rate - If you bought a building in 2007 for $450,000 that produces $36,000 in net operating income, your cap rate is 8 percent. If you think of the cap...more

U.S. Department of the Treasury Announces $3.5 Billion in Federal New Markets Tax Credit Allocation Authority

by Amelia Frankel, Jarrod Sharp, Jennifer Simmons | Thompson Coburn LLP on 4/26/2013

Yesterday the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (the “CDFI Fund”) announced the award of $3.5 billion in Federal New Markets Tax Credit (NMTC) allocation authority through its...more

Legal Fallout From CRE Bust Continues

by Mitchell Widom | Bilzin Sumberg Mortgage Repurchase Group on 4/17/2013

While recovery is well underway, some commercial real estate industry players are still feeling the recession’s after-shocks through litigation in the courtroom. A recent representative high-profile case is Lennar...more

Foreclosure Tip #1: Inspections – Do It Before You Own It

by Keith Mullen | Winstead PC on 4/17/2013

In some parts of the country, a recovering local economy means the special asset (or problem loan) groups are reducing staff, as loan production groups come back to life. Leaving the special asset group under-staffed could...more

Calif. Plumbs The Depths Of Water Damage Exclusions

by Jose Umbert | Zelle Hofmann Voelbel & Mason LLP on 4/12/2013

A recent decision by the California Court of Appeal confirms the willingness of courts in California to enforce exclusions for water damage in property policies, thus precluding coverage for the policyholders’ alleged...more

What Architects & Engineers Need to Know about the New Lien Law

by Melissa Dewey Brumback on 4/8/2013

I have previously discussed the ABCs of Lien Laws for those making claims on a project (that is, architects, engineers, contractors, subcontractors, and suppliers) and the 123s of Lien Laws for project owners. Now, time to...more

Dodging Deal Killers -- Anticipating and Solving Problems Related to Properties Being Sold or Purchased

by Walter McMonies, John Pinkstaff | Lane Powell PC - Real Estate Law on 4/5/2013

In This Presentation: Contamination; Environmental Issues; Defective or Incomplete Land Use Approval; “As Is,” “Your Problem Not Mine” Seller; Encroachment; URM or Otherwise Seismically Challenged Property; Use,...more

What are Chattels? What are Fixtures?

by Matthew J. Wilson | Lerners LLP on 4/3/2013

The law distinguishes between chattels and fixtures. A chattel is movable property. A fixture is a chattel that has been fixed or attached and can no longer be easily moved. For example, an arm-chair would be a chattel,...more

Terrorism Insurance Redux

by Rick Jones | Dechert LLP on 4/3/2013

Terrorism insurance has been boring for the past several years. It risks becoming not boring. In the lee of the terrorism attack of 9/11, the Terrorism Risk Insurance Act, or TRIA, was rapidly passed by the Congress and...more

What Is Deposition In CA?

by Doron Eghbali on 4/2/2013

What is a deposition? Who may be deposed? Who may not be deposed? What is the time frame for deposition? Where could deposition be taken? These are only some of the questions confronting parties and non-parties alike in a...more

New Jersey Establishes a Mediation Program for Open Superstorm Sandy Insurance Claims, Notice of Which Must Be Provided to...

by Richard Bennett | Cozen O'Connor on 3/29/2013

New Jersey has now joined New York in instituting a voluntary mediation program for insured victims of Superstorm Sandy with “open and unresolved first-party insurance claims.” The program became operative with the issuance...more

Watch For Excess Proceeds Following A Trustee Sale

by Valerie Marciano | Jaburg Wilk on 3/27/2013

Believe it or not, Arizona land owners are seeing a change in the real estate landscape, perhaps only a slight change, but a change nonetheless. While Arizona law has not changed, marketplace improvement has triggered the...more

SDLT Schemes: The Good, The Bad and The Ugly

by Sanjay Mehta | Katten Muchin Rosenman LLP on 3/27/2013

The Chancellor had previously warned that he would “not hesitate to move swiftly, without notice and retrospectively” to counter aggressive and widely marketed Stamp Duty Land Tax (SDLT) schemes. Last week, when announcing...more

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Commercial Law & Contracts › Commercial Real Estate › Residential Real Estate