Residential Real Estate, Alternative Dispute Resolution (ADR), Commercial Law & Contracts

TILA Ban on Mandatory Arbitration in Mortgage Loans Takes Effect June 1

by Richard J. Andreano, Jr., Alan S. Kaplinsky, Mark J. Levin, Jeremy T. Rosenblum | Ballard Spahr LLP on 5/17/2013

The Truth in Lending Act (TILA) ban on mandatory arbitration provisions in certain mortgage loans becomes effective on June 1, 2013. Lenders now using mortgage loan documentation containing such provisions should take steps...more

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

California Supreme Court To Tackle Arbitration, Foreclosures and Peer Review in Upcoming Oral Arguments

by Michael Walsh | Sedgwick LLP on 4/2/2013

In addition to the more typical criminal issues, the oral arguments scheduled for April 3 and 4 in L.A. will also address when to compel arbitration, foreclosure sales and hospital peer review....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

New York Promulgates Emergency Mediation Regulation for Storm Sandy Claimants

by Frederic M. Garsson, Edward Roslak | Saul Ewing LLP on 3/4/2013

New York licensed insurers are now required to participate in nonbinding mediations with certain Storm Sandy claimants who have disputed or unresolved claims. Insurers are required to send notices of the mediation option at...more

Florida Dispute Resolution Update: Arbitration Or Litigation Of A Fraud Dispute Stemming From A Real Property Purchase...

by Neha Dagley | Schecter Law on 2/11/2013

The Florida Supreme Court ruled that an action for fraud was within the scope of an arbitration provision in a contract for the purchase and sale of real property. George Jackson, et al. v. The Shakespeare Foundation, Inc.,...more

Construction OberView: Ober|Kaler Obtains Confirmation of Significant Arbitration Award for Condo Unit Owner’s Claim

by Jackson Boyd | Ober|Kaler on 2/5/2013

Ober|Kaler Construction Group principal Raymond D. Burke and associates Matthew T. Vocci and Jackson B. Boyd secured judicial confirmation last year in the Circuit Court for Baltimore City of a significant arbitration award...more

How to Guarantee the HOA Can't Litigate Condo Construction Defect Claims

by Jared Berg, John Mill | Sherman & Howard L.L.C. on 1/30/2013

Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this. ...more

CFPB issues final rules on incentives and mandatory arbitration

by Joey Tsu-Yi Chen, Donald Rea | Saul Ewing LLP on 1/28/2013

The CFPB issued final rules reducing the financial incentives for loan officers and brokers in "risky and high-cost" consumer loans and toughening qualification standards for loan originators....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

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

Developers May Require That Construction Defect Disputes Be Resolved Through Arbitration

by Meredith Jones-McKeown | Sheppard Mullin Richter & Hampton LLP on 11/20/2012

The California Supreme Court recently ruled that developers – by including an arbitration provision under the Federal Arbitration Act (FAA) in Homeowners’ Association Covenants, Conditions and Restrictions (“CC&R’s”) – may...more

Alternative Dispute Resolution: Arbitration

by Schecter Law on 11/7/2012

With the rising popularity of alternative dispute resolution, more contractual agreements are including mandatory arbitration clauses....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

Arbitration of Construction Defect Claims Against Developer and General Contractor

by Polsinelli on 10/18/2012

Denver District Court orders arbitration of construction defect claims in Glass House Residential Association v. Alta Riverfront LLC et al, no. 2012CV1531....more

Condominium Developers Can Require Arbitration for Construction Defect Lawsuits Through Project CC&Rs

by Kronick, Moskovitz, Tiedemann & Girard on 10/9/2012

The California Supreme Court recently held that the developer of a condominium project may unilaterally impose arbitration on an owners association by recording a declaration of covenants, conditions, and restrictions that...more

Waiver Of Attorney Fees Contained In Residency Agreement Is Contrary To Public Policy

by Barger & Wolen on 9/26/2012

In Bickel v. Sunrise Assisted Living, 206 Cal.App.4th 1 (2012), the California Court of Appeal for the Fifth Appellate District decided a fee case under the Elder Abuse Statute contained in Welfare and Institutions Code...more

Arbitration Clause of a Loan Agreement Containing a Class Action Waiver – Not Void as Being Against Public Policy

by Schecter Law on 9/25/2012

On September 19, 2012, the Third District Court of Appeal of the Third District of Florida held that an arbitration clause of a loan agreement containing a class action waiver was not void as being against public policy...more

California Supreme Court Enforces Arbitration Provision in Construction Defect Case

by Snell & Wilmer L.L.P. on 9/14/2012

In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California...more

Under Construction - Fall 2012

by Snell & Wilmer L.L.P. on 9/14/2012

In This Issue: - Letter from the Editor - California Supreme Court Enforces Arbitration Provision in Construction Defect Case - Colorado News: Designation of Non-Parties at Fault in Construction Defect Cases...more

Arbitration

by Sedgwick LLP on 9/6/2012

UPDATED THROUGH September 4, 2012 Statute of Frauds – Arbitration. Question Certified: Does section 95.011, Florida Statutes apply to arbitration when the parties have not expressly included a provision in their...more

Legal Update: California Supreme Court Recognizes Enforceability of Mandatory Arbitration Clause Recorded in CC&Rs in Construction...

by Miller Starr Regalia on 8/21/2012

The California Supreme Court has issued its long anticipated decision in Pinnacle Museum Tower Association v. Pinnacle Market Development (U.S.), LLC, et al. The Court upheld a condominium developer’s ability to enforce a...more

Key Calif. Supreme Court Decision for Developers in Resolving Construction Defect Disputes

by Duane Morris LLP on 8/20/2012

On August 16, 2012, the California Supreme Court in Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC held that arbitration provisions in Covenants, Conditions and Restrictions (CC&Rs) are enforceable...more

Developers Earn Major Victory in California Supreme Court Regarding Enforcement of Arbitration Provisions in CC&Rs

by Allen Matkins Leck Gamble Mallory & Natsis... on 8/17/2012

Earlier today, the California Supreme Court issued a significant opinion in the matter of Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, et al., holding that arbitration provisions in recorded...more

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Residential Real Estate › Alternative Dispute Resolution (ADR) › Commercial Law & Contracts