In The Cross-Hairs? Protecting Your Company Against Consumer Financial Protection Bureau Investigations and Investors' Mortgage Buyback Claims
Litigation of Construction Delay: Claims of Delayed Early Completion
Homebuilder Series Webinar: Joint Ventures Solutions, Steve Lear
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
Taking it Seriously: Unusual Lease Violations in Virginia
Weekly Brief: Lawyers Laid Off After Foreclosure Settlement
The United States District Court for the Eastern District of California recently denied class certification in a case alleging wrongdoing by a loan servicer in connection with the Home Affordable Modification Program...more
The Missouri Supreme Court recently ruled that a St. Louis County ordinance requiring lenders to mediate with borrowers prior to foreclosure was void ab initio because it was not directed to a matter of purely municipal...more
During its September term, the Illinois Supreme Court heard oral arguments in Marks v. Vanderventer, a direct appeal from the Circuit Court after the court’s order finding the fee collection provisions of a “Rental Housing...more
In November 2013, the U.S. District Court for the Western District of Wisconsin declared unconstitutional Section 107(2) of the Internal Revenue Code, which excludes from gross income rental allowances paid to ministers as...more
There is something to be said for not paying your taxes. At least, that is one lesson that the plaintiffs may have learned from the Seventh Circuit’s opinion last Thursday in Freedom from Religion Foundation, Inc. v. Lew, No....more
Perhaps foremost among the judicially recognized fundamental constraints on lead agencies’ power to impose various types of mitigation measures on project approvals in the CEQA process is the “doctrine of unconstitutional...more
The question now is, is the court’s statement merely a bump in the road or a roadblock? The United States filed the eminent domain action seeking to condemn certain access rights so it could increase its profitability when...more
As traffic continues to increase and roadways become more congested, California’s transportation infrastructure needs to keep up. While there has been a concerted focus on alternative methods of transportation (such as rail,...more
Nevada is one of many states that adopted some iteration of the Uniform Common Interest Ownership Act, an act designed in part to aid homeowners’ associations (“HOAs”) in recovering delinquent fees from their members. As...more
The District Court for the Southern District of Ohio recently limited the American Pipe tolling doctrine in a fraud suit arising out of the sale of residential mortgage-backed securities (“RMBS”). Plaintiffs’ 2011 Ohio...more
Construction lawyers may not ponder the great questions in life.
We leave that to the estate planning attorneys.
But ponder we do.
And the next case, as I’ll explain below, “kind of” answers 10 important...more
In a published decision, the California Court of Appeal for the Second Appellate District rejected the California Coastal Commission’s (“Commission”) finding that there is no rational nexus or rough proportionality between...more
In an opinion on rehearing, the Second District Court of Appeal overturned a California Coastal Commission decision that a condition of a county-issued coastal development permit could not be eliminated by a second coastal...more
On October 16, the Appellate Division, First Department of the Supreme Court of New York affirmed the dismissal of Ambac Assurance Corporation’s breach of contract claims against EMC Mortgage arising out of an RMBS...more
REAL PROPERTY CASES -
- Sinkhole Loss/Statute of Limitations: homeowners’ lawsuit was barred by the one-year statute of limitations, even though lawsuit was filed promptly after FIGA processed the claim and made a...more
No. 13-0199, Steadfast Financial LLC v. Bradshaw - This is an oil & gas royalty dispute in which a non-participating royalty owner sued the owner of the executive right for failure to obtain a higher royalty interest in a new...more
Did you know that California is the only state in the country in which mechanics liens are a constitutional right? Tis true.
Article XIV of the California Constitution states:
Mechanics, persons furnishing...more
Timely Topics -
Church splits and property disputes are not new, but they have certainly grown in number in recent years. In the seminal case on church property disputes, Watson v. Jones, 80 U.S. (13 Wall.) 679, 20 L....more
New York state court Judge Shirley Werner Kornreich recently ruled that American International Group, Inc. (“AIG”) didn’t have to pay certain defense costs for various suits brought against QBE Holdings, Inc. and its...more
The Federal Fair Housing Act (“FHA”) prohibits discrimination in the sale or rental of housing, including discriminatory land use decisions, on account of race, color, religion, sex, national origin or familial status. The...more
13-0080, RSUI Indemnity Co. v. The Lynd Co. - The primary issue in this insurance coverage case is how the policy limits of an excess property insurance policy should be calculated. The policy at issue covers multiple...more
In July, the 2d DCA overturned a bank’s summary judgment on the grounds that the bank failed to rebut the defense of lack of standing. The frequency and similarity of these cases makes me think of the movie Goundhog Day!...more
Many areas of Florida are experiencing increased tidal flooding due to sea-level rise (SLR). Florida has experienced eight to nine inches of SLR over the past 100 years. The roughly four and one-half inches of rise in the...more
The Williams Mullen Southeast State and Local Tax (SESALT) team is pleased to provide you with a comprehensive recap of important tax developments around the Southeast....more
former marital home entitled to homestead exemption under article X, section 4 of Florida Constitution because (1) decedent and former wife still owned home as tenants in common at time of his death; (2) decedent’s sons, whom...more
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