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Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 31, 2014

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ - - Sinkhole Insurance Claim: trial court was required by Fla. Stat. § 627.7074 to stay insured’s lawsuit against insurer immediately after insurer filed request for neutral...more

Do Wind Turbines Hurt Property Values?

As I last discussed in June, during the past few years, proximate property owners have increasingly raised complaints about the siting and operation of wind turbines in Massachusetts. This phenomenon is hardly unique to...more

Levick Weekly - January 18, 2013: I Was Wrong - How One Activist’s Apology Changes the GMO Debate

In This Issue: - 'I Was Wrong’ How One Activist’s Apology Changes The GMO Debate - What’s Next From The CFPB - Former Congressman Steve Bartlett Joins Levick - Activist Investors IN 2013: “Success Begets...more

Federal Criminal Lawyer Douglas McNabb of McNabb Associates - News On Current Federal Criminal Cases

November 9, 2012 - The Federal Crimes Watch Daily The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney. Topics Include:...more

FHFA Announces Multiple New Policy Initiatives

On June 15, the FHFA published a Notice of Proposed Rulemaking regarding state and local Property Assessed Clean Energy (PACE) programs, as required by a preliminary injunction issued by the Northern District of California in...more

Securitization of Renewable Energy Loans

Renewable energy sources have increasingly become a focal point of U.S. regulatory and financial institutions as well as trade associations and legislatures. One main source of interest in this regard is programs that have...more

Innovations and Opportunities in Energy Efficiency Finance

The purpose of this white paper is to discuss key concepts in energy efficiency finance, with a focus on emerging solutions to long-standing barriers to financing projects in the United States, as well as the specific...more

The Real Estate Green Agenda: what banks should know

Originally published in Butterworths Journal of International Banking and Financial Law - February 2012. This article highlights why it is important for lenders to be aware of the ongoing initiatives driving the...more

Property Assessed Clean Energy Financing Update: Federal Housing Finance Agency (FHFA) Issues Notice of Proposed Rulemaking on...

A federal housing regulator is seeking public comment as it initiates a rulemaking with regard to Property Assessed Clean Energy (PACE) programs. PACE programs permit municipalities to provide financing to property...more

Stormwater, What? Lenders Must Obtain Permits For Construction Properties in Foreclosure

Last week, the Tennessee Department of Environment and Conservation (“TDEC”) issued its new Construction General Stormwater Permit, which will impact a sector that is generally not subject to environmental regulations. Under...more

Energy Efficiency Revolution in the Building Sector - Australia

Newsflash on recent Energy Efficiency drivers in Australia and NSW for Building Owners to upgrade their Commercial/Industrial Assets to increase their NABERS Rating and protect their portfolio valuations....more

Washington Court Gives Property Sellers and Buyers Another Reason to Beware of Cleanup Liability

The Washington Court of Appeals has raised the stakes for parties involved with a real estate transaction where a heating oil underground storage tank may have been used on the property. As a result of the ruling, property...more

Greed is Good

Gordon Gekkko, new or old, was right: money and profit matter, even in wetland restoration. There is little dispute that wetland restoration on private property creates significant ecological benefits that can be assigned...more

California Fighting Back to Save PACE Program

On July 14, 2010, California Attorney General Jerry Brown filed a lawsuit against Fannie Mae and Freddie Mac (California v. Federal Housing Finance Agency, N.D. Cal., No. 10-3084), claiming that the government-sponsored...more

Rogers Towers: Lender’s Protection When Foreclosing on Contaminated Property

Lenders often hold an “indicia of title” on property as a security interest for a loan. If the buyer has defaulted on the loan and contamination exists on the property, the decision to foreclose can be difficult. However,...more

Money May Be Available for Lost Development Potential in the New Jersey Highlands Region

In 2004, the New Jersey Highlands Water Protection and Planning Act (the “Act”) became law. The law created two distinct regions, the Preservation Area and the Planning Area. Development in the Preservation Area was severely...more

Negotiating Transactional Environmental Risks

When you are about to strike a business deal you often face environmental unknowns because of unfamiliarity with the venture, party or property involved. At the same time, new and revised environmental regulations which may...more

Green Building Update - November 23, 2009

IN THIS ISSUE: *Green building to add $554B to GDP in 4 years *Green Building Focus ..Green Tax Guide 2009 ..Chemicals list helps green professionals ..Report: Municipal green building programs up 50% *Fund for...more

Green Building Update - November 6, 2009

IN THIS ISSUE: *National Center for Healthy Housing -- green homes may improve health *Green Building Focus ..Report: Green retrofit market to hit $15B by 2014 ..Report: 25 LEED buildings in Chicago ..CBRE Green...more

Green Building Update - October 21, 2009

IN THIS ISSUE: *California delays building energy disclosure law *Green Building Focus ..SketchUp: free 3D green building tool ..Study: 92% support solar energy development ..Report: who pays for green? *California...more

The Stress of Distressed Assets: Lenders Need to Think Twice About Foreclosing on Partially Completed Residential Developments

It's undeniable: The United States economy currently faces the worst recession since the Great Depression. Constricted credit markets combined with plummeting real estate values have had a disastrous impact on much of the...more

IRS Issues Guidance on Electing Investment Tax Credit in Lieu of Production Tax Credit for Specified Renewable Energy Property

On June 5, 2009, the Internal Revenue Service ("IRS") issued Notice 2009-52 (the "Notice") providing guidance on the process for electing an investment tax credit ("ITC") rather than a production tax credit ("PTC") for...more

Green Building Update - January 23, 2009

IN THIS ISSUE: *'Greenwashing' -- growing problem in real estate *Green Building Focus ..LEED lawsuit sounds warning bells *Green Building Demand Increasing *Sustainability movement weathering gloomy economy *Green...more

Green Building Update - July 9, 2008

IN THIS ISSUE: *The American Council On Renewable Energy announces largest renewable energy conference in the US: February 25-27, 2009 *Green Building Focus ..Study shows that 14% of US cities require green building...more

Green Building Update - July 2, 2008

IN THIS ISSUE: *California unveils far-reaching climate change plan *Green Building Focus ..Leonardo Academy publishes LEED-EB cost report *Prima County in Tucson becomes first government agency to provide LEED...more

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