Commercial Real Estate › Consumer Protection

$6.3 Million Judgment Awarded in Alleged Timeshare Resale Scam

A federal court recently entered a final judgment against and approved settlement agreements with several telemarketing companies charged by the Federal Trade Commission with operating a timeshare resale scam. The judgment...more

Third Circuit Shields Property Reporting Firm From FCRA Liability

On December 6, the U.S. Court of Appeals for the Third Circuit held that a property reporting firm cannot be held liable for a willful violation of FCRA because the firm’s interpretation that it was not a consumer reporting...more

Comment Period on the Integrated Mortgage Disclosure Rules Ends November 6, 2012 by Brian Gallogly, Esq.

As a component of its “Know Before You Owe” project and pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), the Consumer Finance Protection Bureau (the “CFPB”) issued its proposed...more

Comment Period on the Integrated Mortgage Disclosure Rules Ends November 6, 2012 by Brian Gallogly, Esq.

As a component of its “Know Before You Owe” project and pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), the Consumer Finance Protection Bureau (the “CFPB”) issued its proposed...more

New State Bill Aims To Make Solar Power A Reality For Renters

Homeowners and renters in California may soon be able to access solar or other renewable energy from community based self-generation programs as an alternative to the power grids offered by the state’s three major public...more

You owe, you owe, How much I'd like to know

Does disclosure of a mortgage balance to a subsequent mortgagee violate the mortgagor's privacy rights? A recent Alberta decision says no....more

Ten Most Important Aspects in Admission Contract of Senior Care Facility

With increasing supply in the Chinese marketplace of senior care facilities, expertise in the operating management is highly urged. The admission contract is one of the essential parts of this management. Having seen poorly...more

More Implementation Opinions from Ministry of Civil Affairs on Senior Living

On this July 24, the Ministry of Civil Affairs issued Implementation Opinions on Encouraging and Guiding Private Capital to Invest in the Senior Living Service Industry (the “Opinions”). With little special or surprising, the...more

Almond Entertainment v. Bayview Loan Servicing

Reversal and Remand of Summary Judgement of Foreclosure

Reversal and remand of commercial foreclosure where trial court entered summary judgment with pending discovery and discovery disputes. Record evidence in lawsuit revealed that two separate lenders owned/held the note and...more

CALIFORNIA HOMEOWNERS BILL OF RIGHTS: CALIFORNIA SENATE BILL No. 1474 RE: CONVENING GRAND JURY FOR MORTGAGE FRAUD

CALIFORNIA SENATE BILL No. 1474 CHAPTER 568 An act to amend Sections 781 and 923 of the Penal Code, relating to grand jury proceedings. Approved by Governor September 25, 2012. Filed Secretary of State September 25,...more

CFPB Proposes New Rules Governing Servicing of Consumer Mortgage Loans

The Consumer Financial Protection Bureau (CFPB) has proposed amendments to Regulation X (Real Estate Settlement Procedures Act) and Regulation Z (Truth in Lending Act) that create new disclosure requirements and uniform...more

Condominio verso la Riforma il punto di osservazione dalla parte del Condomino e Consumatore.

As the reform of Housing and Condominiums property is evolving, many uncertainties still challenging a steady settlement of the charachters involved : Builders, Administrators, and owners....more

Barofsky: Don't Believe Hype About $25B Mortgage Settlement [Video]

March 15 (Bloomberg Law) -- The $25 billion mortgage settlement between lenders and state attorneys general won't help nearly as many people as its touted to, Neil Barofsky, the former Special US Treasury Department Inspector...more

Dampened Dreams

A review of the Myriad of Issues Facing Foreclosures in light of HAMP....more

NINTH CIRCUIT REJECTS “WHOLE BUSINESS ENTERPRISE” EXCEPTION

A late January ruling by the Ninth Circuit Court of Appeals has gladdened real estate lenders and struck terror into the hearts of developers. Essentially, the court prevented a major real estate developer from using the...more

The Ebbs and Flows of Pre-Sale Litigation

The law relating to pre-sale litigation continues to evolve.  With a recent judgment granting purchasers rescission of purchase and sale agreements years after completion, it is time to provide an update on the latest...more

Multiproprietà: recepite le nuove regole

L’introduzione dei principi comunitari nel nostro ordinamento mediante il D.Lgs. n. 79/2011 (che recepisce la direttiva CE/122/2008) mira a colmare le lacune della precedente normativa in materia di...more

Green Buildings and Greener Leases

GREEN BUILDINGS AND GREENER LEASES The Environmental Background All buildings, including residential, commercial and industrial buildings have a significant impact on our environment. For example,...more

NEW HOPE COMMUNITY CHURCH et al vs. PATRIOT ENERGY et al

complaint for fraudulent inducement to gas lease

Complaint by landowners versus purported "drilling" company that actually was "flipping" gas leases to major gas drilling company. Fraudulent inducement, unjust enrichment, unconscionable and deceptive practices....more

Carelessness To Blame For Many Carnival Ride & Water Park Accidents

Several years ago, my office represented a boy who fractured his legs after he was thrown from a water slide at a large water park to the concrete pavement below. Our investigation into the matter revealed that the boy...more

Dodd-Frank Act: Reformation and Regulations

Part I of a Three-Part Series on Financial Reform Legislation. Published in National Mortgage Professional Magazine First Published: August 2010 Re-Published: August 2011 Part I outlines the general features of the...more

What Today's Real Estate Investors Need to Know About Foreclosure Related Lawsuits

This article explores Real Estate Short Sales, Foreclosure Sales, Post-Foreclosure Sales, and Associated Lawsuits in the Context of a Real Estate Investor's Decisionmaking in a Market in Transition. (This article is provided...more

Can I Short Sell My House While in Bankruptcy?

As I wrote in a recent article, more than 50% of homes in Arizona are worth less than what is owed on them. This is leading many people to try and short sale their home. However, because of other debt issues, many people also...more

50% of Arizona Homes are Upside Down: Bankruptcy & the Housing Crisis

Yesterday the Arizona Republic reported that Arizona has the second highest rate of homes where the owners owe more than the home is worth. Nearly 50% of Arizona's homes are not worth what is owed, and in Phoenix the number...more

OTS and OCC Synchronizing

On May 25, 2011, the Office of the Comptroller of the Currency (OCC) issued a proposed rule implementing several provisions of the Dodd-Frank Act (Dodd-Frank), including the transfer of functions from the Office of Thrift...more