Finance & Banking Residential Real Estate Wills, Trusts, & Estate Planning

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What to Expect after a Foreclosure Sale in Virginia: The Commissoner of Accounts

In many non-judicial foreclosure jurisdictions, a foreclosure is generally considered concluded when the foreclosure trustee conveys the property to the purchaser. Though this is true from the purchaser’s perspective, the...more

Bank Obtains Dismissal Of Surviving Heir’s Reverse Mortgage Class Action

On January 3, the U.S. District Court for the Northern District of California dismissed with prejudice a putative class action alleging a bank breached its Home Equity Conversion Mortgage Deed of Trust and HUD regulations by...more

1031 Exchanges with a Twist

Now that the recession appears to be fading into memory, Section 1031 Exchanges are on the rise. Section 1031 of the Federal Tax Code allows property owners to defer taxes by exchanging the sale property into one or more...more

Elder Financial Abuse: Prevention and Remedies

I have written about elder financial abuse, and I will keep writing about it until stops. It is unfathomable to me that schemes to defraud the elderly are so pervasive. These seniors are attractive targets for financial...more

Federal District Court Invalidates Application Of HUD Regulation Requiring Full Payment Of Reverse Mortgage From Surviving Spouses

On September 30, the U.S. District Court for the District of Columbia held that a HUD regulation defining conditions under which it would insure a reverse mortgage agreement, which would have made it easier for lenders to...more

Foreign Investors In REITs: Opportunities Under FIRPTA Reform Proposals

Real estate investment trusts (REITs) have long been a tax-efficient vehicle for foreign persons seeking to invest in U.S. real estate. Now, two legislative proposals titled the Real Estate Investment and Jobs Act of 20131...more

New York Appellate Division Summaries; Real Estate.

Deed/Acknowledgment Trumps Parties Clause/Intent of Grantor: Owner, an individual, transferred property..... POA/Conveyance by Agent to Self/Will/Executor vs. Agent/Bank of America/Encumbrancer for Value/Deed Set Aside:...more

An Overview of Trustee's Sales in the Commonwealth of Virginia

Lenders most often choose to proceed with the trustee's sale pursuant to the deed of trust because a trustee's sale is faster and cheaper than proceeding with a judicial sale, and it has advantages over accepting a deed in...more

Expansion of REIT-able Assets and REIT Conversions

In recent years, the US Internal Revenue Service has considerably expanded the categories of real estate assets that may be owned by a real estate investment trust (a “REIT”). This expansion of qualifying or “REIT-able”...more

Should You Consider Downsizing Before Retirement?

That's not a simple question to answer, as you balance the benefits of a lower cost of living with the realities of a soft real estate market and the emotional aspects of selling the family home ...more

Wealth Management Update - November 2012

In This Issue: - November Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - Keller v. United States, 5th Cir., No. 10-41311 (09/25/12) -...more

High Net Worth Family Tax Report, Vol. 7, No. 2, August 2012

Table of Contents: •Supreme Court Resolves Basis Overstatement Issue •Supreme Court Finds No Equal Protection Violation for City’s Forgiveness of Future Tax Obligations •Taxpayer Increases Basis of S...more

Elder Financial Abuse

The Consumer Financial Protection Bureau is involved in providing financial protection against elder abuse; indeed, it is specifically tasked with that responsibility. The Bureau's Office of Older Americans is charged by the...more

Are REITS Investment Advisers?

A REIT is an acronym for Real Estate Investment Trust, although the term more properly refers to tax status than a specific entity type. For a variety of reasons, a REIT may involve several different types of entities. The...more

CFTC’s Expanded Jurisdiction Over Swaps May Capture Certain Real Estate Investment Trusts

As a result of the pending expansion of the jurisdiction of the Commodity Futures Trading Commission (CFTC) to include most swaps, some publicly traded real estate investment trusts (REITs) may soon be considered “commodity...more

Insight on Estate Planning - June/July 2012

In This Issue: - Conditions favorable for gifts: High exemption amount and low tax rate make 2012 the year to transfer significant wealth - Keep family harmony when transferring a vacation home - Transfer...more

Wealth Management Update -- September 2011

IN THIS ISSUE: - IRS issues Notice 2011-76 Modifying Filing Due Date for Form 8939 and Automatic Extension Rule for Form 706 for Decedents Dying in 2010 - September Interest Rates for GRATs, Sales to Defective...more

Personal Planning Strategies -- September 2011

IN THIS ISSUE: - Use It or Lose It - Increased Gift and GST Exemption Amounts Expire on 12/31/12 - Take Advantage of Low Interest Rates and Valuation Discounts - Creating a “GRAT”: Heads You Win, Tails...more

NEWSLETTER BARRO LAW FIRM - FAMILY GOVERNANCE CODES

Methodology of organizing succession and managing the family estate and immaterial property with an proactive management of conflicts...more

Los Angeles Targets Trustee to Clean-Up Housing Mess

The People of the State of California and The City of Los Angeles (collectively, the "Plaintiff") are seeking to hold Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, as trustee under hundreds of...more

Impact of Bankruptcy Filing by Beneficiary of Decedent's Estate by Ann Marie Maccarone and Deborah DiNardo, Esq.

As we have previously reported, litigation related to decedents’ estates continues to be generated due to the increase in bankruptcy filings by beneficiaries. A recent Rhode Island Supreme Court case, In Re Edwin H....more

Potential Benefit of a Trust

Is a trust right for me? My answer invariably is: That depends on your personal situation. After our initial consultation you may decide that you have no need for a trust. Or, you may find that a revocable living trust...more

FinCEN: Elder Abuse - Red Flags

On February 22, 2011, the Financial Crimes Enforcement Network (FinCEN) issued an advisory to assist the financial industry in reporting instances of financial exploitation of the elderly, a form of elder abuse. Financial...more

Are You Legally Healthy?

Doctors recommend periodic checkups. Cars need regular exams. Is there a similar “checkup” for legal matters? Yes, a “legal checkup,” which is often called “preventive law.” Getting a legal checkup can keep you in good legal...more

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