Residential Real Estate, Alternative Dispute Resolution (ADR), Civil Procedure

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

by Joseph Kovars | Ober|Kaler on 4/22/2013

Two recent cases highlight the pitfalls facing construction parties -- owners, contractors and subcontractors -- when they use fairly common contract clauses that address how they want disputes decided. In one case, the...more

Mortgage Foreclosure Mediation Program Terminated By Florida Supreme Court

by Messer & Caparello, P.A. on 4/4/2013

Florida has the highest foreclosure rate in the country, with some sources showing a 3.11% foreclosure rate in 2012 – more than double the national average. At the end of 2009, with nearly 500,000 pending foreclosures and a...more

Illinois Adopts Court Rules Governing Foreclosure Cases

by BuckleySandler LLP on 3/5/2013

On February 22, the Illinois Supreme Court announced additional rules governing the state’s home foreclosure process. The three rules, respectively, (i) add requirements for mortgage foreclosure mediation programs in state...more

Compelled Arbitration Of Dispute between Homeowners Associations Upheld

by Schecter Law on 1/14/2013

In Ibis Lakes Homeowners Ass'n, Inc. v. Ibis Isle Homeowners Ass'n, Inc., 4D12-1273 (Fla. 4th DCA, Dec. 12, 2012), Ibis Lakes Homeowners Association, Inc. (“Plaintiff”) sought review of a non-final order of the trial court...more

Bankruptcy Law Update - December 2012

by Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, H. William Shure | Pullman & Comley, LLC on 12/21/2012

In this December 2012 Issue: - Second Circuit Decisions - Connecticut Bankruptcy Court Decisions The Second Circuit tackles the criminal exception to the automatic stay, administrative rent claims under a...more

Nevada Rejects Literalist View on Some Lender and Trust Deed Holder Requirements for the Right to Enforce

by John S. Delikanakis | Snell & Wilmer L.L.P. on 12/18/2012

Nevada’s Foreclosure Mediation Program (FMP), statutorily mandates mediation before a non-judicial foreclosure of an owner-occupied residence can proceed. It also encourages the judicial review of that mediation. It has been...more

South Florida, Prime Destination for Litigants Seeking Evidence in Foreign Proceedings

by Jose M. Ferrer, Rafael R. Ribeiro | Bilzin Sumberg Baena Price & Axelrod LLP on 12/6/2012

Foreign civil lawsuits, private arbitrations using § 1782 to facilitate discovery - Let’s say you have a client who is a party to an arbitration proceeding pending in Buenos Aires, Argentina. In your investigation of the...more

CLIENT ALERT: Adherence to 90-Day Rule Crucial For Lenders Seeking Deficiency Judgments

by J. Henk Taylor | Lewis and Roca LLP on 10/25/2012

Filing Timely Lawsuit Protects Lenders When Arbitration Fails - Lenders holding loans secured by deeds of trust against real estate in Arizona are likely aware of their limited window of opportunity to seek a...more

For Housing Developers Seeking Enforcement of ADR Provisions, the Line Forms at the Rear

by Allen Matkins Leck Gamble Mallory & Natsis... on 7/31/2012

On July 25, the California Supreme Court added to its logjam of cases addressing the enforceability of alternative dispute resolution (ADR) provisions in Covenants, Conditions and Restrictions (CC&Rs) recorded by developers....more

Are Residential Real Estate Contracts Outside The Bounds of Interstate Commerce?

by Leonard, Street and Deinard - Arbitration... on 7/25/2012

The Supreme Court of South Carolina just ruled that contracts for the sale of residential property are not interstate commerce, and therefore are outside the reach of the Federal Arbitration Act. Bradley v. Brentwood Homes,...more

Failure to Engage in Mandatory Contractual Mediation Bars Fee Claim

by Barger & Wolen on 7/5/2012

In Cullen v. Corwin, 2012 DJDAR 7533 (2012), the Third District Court of Appeal decided a unique attorney fee case arising under a standard form real estate purchase contract. The court concluded that there was a procedural...more

Weekly Law Resume - June 14, 2012: Real Estate Sales Contracts – Mediation Provision as a Bar To Recovery of Attorneys’ Fees

by Low, Ball & Lynch on 6/21/2012

Joe Cullen, et al. v. Paul Corwin, et al. Court of Appeal, Third District (June 7, 2012) More and more, real estate form purchase agreements have provisions which condition a prevailing party’s right to attorneys’ fees...more

How to Create the Most Effective Demonstratives for Real Estate Cases

by Cogent Legal on 5/17/2012

At Cogent Legal, real estate and land use cases are among our favorite to support. They can offer up rich and tangible imagery to shape for jury scrutiny. Not surprisingly, trial teams for such cases, on occasion, come to us...more

Early Resolution Strategies for Real Estate Disputes

by Sedgwick LLP on 3/30/2012

Ever-increasing pressures to resolve disputes quickly and efficiently make it critical to give early consideration to strategies to maximize means for prompt resolution of disputes by settlement or adjudication. By making an...more

GMA Condo Alert! (Winter 2012 edition)

by Chris Jaglowitz on 1/15/2012

Now that "the winter that never was" is finally over, we can safely reveal the Winter 2012 edition of our newsletter, featuring the Top 10 Condo Law Cases of 2011. Those of you contemplating a lawsuit or already up to your...more

Florida Supreme Court Admits Failure of Its Residential Mortgage Mediation Program: Sad News for Florida as Foreclosure Crisis...

by Rosa Eckstein Schechter on 12/22/2011

There's no label other than failure to place upon the Florida plan for mediation of residential mortgage foreclosures now that Chief Justice Charles Canady signed the Florida Supreme Court's administrative order gutting the...more

Martin, Disiere, Jefferson & Wisdom, LLP

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Residential Real Estate › Alternative Dispute Resolution (ADR) › Civil Procedure