Accessibility concerns for disabled condo owners
Rules for rewarding 'super' condo board members
Condo Water Invasion: Potential Medical Liability?
How to Deal with Delinquent Condo Board Members
Condo complaints not in writing?
Assessments, Condos vs. Town Homes
Real Estate Trends in the Bay Area & Beyond – Interview with Paul Churchill, Member, Mintz Levin
Condo Adviser: Condominium Rules and Enforcement
Condo Adviser: Adjacent Development Rights and Objections
Condo Adviser: What is 'FHA approved,' exactly?
Condo Owners and Dealing with Uncooperative Management Companies
Reserve Funds: Purposes and Common Mistakes
Accessibility Concerns for Disabled Condo Owners
Ventas' Debra Cafaro on why the Health Care asset class is well positioned in today's economy
A New World for Mortgage Banking – What You Need to Know About the CFPB’s Final Mortgage Servicing Rules
Former Congressman Steve Bartlett Joins the LEVICK Team
Taking it Seriously: Unusual Lease Violations in Virginia
Weekly Brief: Lawyers Laid Off After Foreclosure Settlement
Allen Matkins/CBRE 360 in 60 - Industrial Markets Overview
Allen Matkins/CBRE 360 in 60 - Capital Markets Overview
Meuser v. Allstate Ins. Co., A136243, 2014 WL 802535 (Cal. Ct. App. Feb. 28, 2014).
Court of Appeals of California finds no breach of contract or bad faith where actual cost of repairing fire-damaged home was higher...more
A SLAPP is a strategic lawsuit against public participation. California enacted Code of Civil Procedure Section 425.16 as an antidote to SLAPP suits. In general, a SLAPP is subject to a special motion to strike unless the...more
One of the things I learned while lobbying in Washington, D.C. is the importance of the House Rules Committee. The Rules Committee, as its name suggests, sets the rules. Specifically, the scheduling of bills, the allotted...more
On June 10, 2011, Nevada enacted Assembly Bill 273 (AB 273). As codified at NRS 40.459(1)(c), AB 273 limits the ability of a loan purchaser to collect a deficiency on the note and guarantees by basing the deficiency...more
The Supreme Court of Minnesota last week reversed the dismissal of a borrower’s action against a loan servicer arising out of the servicer’s alleged breach of its Servicer Participation Agreement (SPA) with Fannie Mae under...more
In This Issue:
- Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement
- Your Venue, My Bond Claim: A Florida Law Primer
- The Condominium Form Of...more
Following Hurricane Katrina, the State of Louisiana filed a class action to recover under homeowners’ insurance policies that the state had received by assignment through a disaster relief program. The insurers successfully...more
Dual agency is a big deal to real estate agents. It lets them represent both a buyer and a seller in a transaction. Dual agency was the focal point of the Business Court's opinion last week in BDM Investments v. Lenhil,...more
In Alabama, contractors and subcontractors performing work involving common elements of the condominium at the request and direction of a condominium association should be aware of unique laws applicable to their lien rights...more
On March 21, in a suit brought by borrowers who had paid overnight delivery fees at closing, the U.S. District Court for the Central District of California held that the overnight delivery services provided by certain...more
On April 2, 2014, the Minnesota Supreme Court in Gretsch v. Vantium Capital, Inc. recognized a new private right of action against residential mortgage loan servicers who breach their servicer participation agreements with...more
A recent holding by the North Carolina Court of Appeals is threatening to render many long-term express warranties ineffective.
In a divided opinion in Christie v. Hartley Construction, Inc., the court held that the...more
As I discussed in “Be Cautions When Tempted to Leverage Another into an Agreement,” exerting leverage to force a business partner into settling a dispute could constitute deceptive or unfair acts or practices in violation of...more
SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C.
This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more
One of the two most anxiously awaited cases on the Illinois Supreme Court’s civil docket was handed down this morning, and it was a big win for Illinois condominium associations: a sharply divided Court reversed the...more
Can a law passed by a Legislature be called "immutable?" (that means it's ageless, not ever subject to change).
The Court of Appeals used that word this week in Heaton-Sides v. State Employees Credit Union to describe...more
On March 6, 2014, the Supreme Court of Ohio held that the statute of frauds barred a group of guarantors from raising, as a defense to a collection suit, a claim that the bank’s right to enforce the guaranties was barred by...more
In August 2013, we reported that Christmas had come early for the California subrogation community due to a recent decision from the Court of Appeals which found that the “Right to Repair Act” (SB 800) did not apply to cases...more
A new decision in Ash v. North American Title Co. holds that (1) contract damages based upon a bankruptcy were not foreseeable, and (2) an escrow holder was entitled to a jury instruction as to intervening or superceding...more
On February 13, Justice Eileen Bransten of the Supreme Court of the State of New York dismissed in part a second amended complaint filed by U.S. Bank as trustee for HarborView Mortgage Loan Trust, Series 2005-10. As in its...more
Landlords' set to obtain "full value" as a result of re-statement of ancient equitable principle -
Pillar Denton Limited and others v Jervis and others -
In a ruling relating to the stricken...more
The eviction process can be a confusing and stressful situation for any tenant. There are many rules and procedures that you have to follow. More importantly, your ability to remain in your home hangs in the balance. This...more
Even a lease of an illegally converted garage is protected from foreclosure through the end of the lease term under the federal Protecting Tenants Against Foreclosure Act of 2009 (“PTFA”), except where the purchaser of the...more
The “sham guaranty” defense may absolve a guarantor of liability when no deficiency is available against the borrower, and the guarantor is really the borrower with a different name. In California Bank and Trust v. Lawler...more
A long time ago in a land far, far away, property insurers and their insureds recognized that not every insurance dispute necessitated the expense and headache of a full-blown lawsuit. The result of this recognition was the...more
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