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The Eagle Ford

2013 was another remarkable year in the Eagle Ford. Whereas five years ago few had heard of it, today the Eagle Ford is one of the largest oilfields in the United States. What is most exciting is that the play is just...more

Public Private Partnerships: From Economic Development to Local-Serving Infrastructure Procurement

In This Presentation: Public Private Partnership Opportunities: - Public Assistance into Private Projects • Economic Development/Redevelopment • Land Use/Zoning • Real Estate Assets/Long Range Property...more

Changes of Note to Lenders From the 2013 Legislative Long Session

During the 2013 legislative session, several new laws were passed which directly affect the banking and financial services industries. While most of these changes are relatively minor, they are certainly worth noting. Below...more

Lenders Versus Mechanics’ Liens in West Virginia: A Question of Priorities

Finally! After days, weeks, sometimes even months of waiting, you as the lending officer received approval from corporate that underwriting has just approved your borrower and you can proceed with the term sheet. Time to put...more

Focus on Landlords - Key Landlord Lease Issues

Landlords want to have a protective lease form, but tenants hate a 70+ page “killer” lease. A shorter lease can help a landlord quickly sign tenants, just make sure it covers key points. Here are some to think about. ...more

Business News Digest – July 2013

In this issue: - CFPB's Office of Enforcement Issues a Bulletin - Court Rules Government Cannot Make "Extortionate Demands" on Persons Seeking Land-Use Permits - DOD Issues Proposed Regulations on the...more

Gaming Legal News - May 23, 2013 • Volume 6, Number 12

In This Issue: - NINTH CIRCUIT DEMANDS INTERIOR EXPLAIN GLENDALE TRUST DECISION: The U.S. Court of Appeals for the Ninth Circuit has required the Secretary of the Interior to reconsider a decision to accept an...more

Rogers Towers: Municipal Liens vs. Mortgages: Florida’s Supreme Court Rules on Superpriority Issue

In my April 18th post, I discussed the recent trend of municipalities enacting ordinances designed to give their code enforcement liens “superpriority” over prior-recorded mortgages. Basically, the municipalities have sought...more

U.S. Treasury Awards $3.5 Billion in New Markets Tax Credit Allocations

On April 24, 2013, the U.S. Department of the Treasury's Community Development Financial Institutions Fund (the CDFI Fund) announced the community development entities (CDEs) selected to receive the $3.5 billion in New...more

Treasury Department Announces $3.5 Billion in New Markets Tax Credit Allocation Awards

Eighty-five community development entities (CDEs) have been selected to receive $3.5 billion in New Markets Tax Credit (NMTC) allocation authority in the 2012 round of the NMTC Program. The announcement of the latest round of...more

Municipal Liens vs. Mortgages: Which Has Priority?

I have recently encountered several situations in which local governments are claiming, under ordinances they have enacted, that their liens and fines have “superpriority” status over existing mortgages, regardless of when...more

Foreclosure Tip #1: Inspections – Do It Before You Own It

In some parts of the country, a recovering local economy means the special asset (or problem loan) groups are reducing staff, as loan production groups come back to life. Leaving the special asset group under-staffed could...more

CFPB files amicus brief in Second Circuit ILSA case

On March 12, 2013, the CFPB filed a new amicus brief supporting the consumer/appellee’s position that the Interstate Land Sales Full Disclosure Act (ILSA) applies to condominium units, even where the unit does not also...more

Simplifying the Mechanic's Lien Agent Process: N.C.'s New Online Clearinghouse

As I have discussed in the past, North Carolina’s General Assembly recently introduced the concept of Mechanic’s Lien Agent (MLA) into our state’s lien laws to address so-called “hidden liens” that have long been a thorn in...more

Chicago Requires Debt Collector Licensing, Sets Zoning Requirements For Small Dollar Lenders

On January 17, the City of Chicago passed ordinances related to debt collection, small dollar lending, and license enforcement. With the adoption of an ordinance requiring that debt collectors collecting debts from Chicagoans...more

The Fiscal Cliff for Condominium Developers

Heard enough about the fiscal cliff? Condominium developers should take into consideration the potential liability for assessments on developer owned condominium units when structuring condominium regimes to avoid their own...more

Marketability of Title: In Reaffirming Hocking, the Court of Appeal in Dollinger Draws a Clear Distinction Between Market Value...

Market value and marketable title are not synonymous. Dollinger DeAnza Associates v. Chicago Title (6th Dist. 2011) 199 Cal.App.4th 1132 (“Dollinger”), provides an excellent summary of several key cases interpreting what...more

Buyer Beware: Court Decision Highlights Importance of Performing Careful Diligence

In Princes Point LLC v. AKRF Engineering, P.C., No. 601849/2008 (N.Y. Sup. Ct. Jul. 13, 2012), Judge Charles Edward Ramos granted a motion for summary judgment dismissing plaintiff’s claims of fraud, negligent...more

DEP Streamlines Process for Implementing Restrictive Covenants Required for Cleanup Closure With Conditions

In June 2012, the DEP released a new revision to its Institution Controls Guidance Procedures document, which substantially streamlines the approval process associated with implementation of restrictive covenants required to...more

Kazakhstan’s New Trunk Pipeline Law

New law gives the RK government additional control over new trunk pipeline projects. After many changes, extensive negotiations, and numerous interim drafts, the Republic of Kazakhstan (RK) has enacted a Trunk Pipeline...more

Introduction of Omnibus Bill to Impact Portions of Plan Nord and to Introduce Oil and Gas Mineral Rights Auctions

On May 15, 2012, the Québec Government introduced in the National Assembly An Act respecting mainly the implementation of certain provisions of the Budget Speech of 20 March 2012 (Bill 73), an omnibus bill providing for...more

Q&A With Kirton & McConkie's William Meaders

Law360, New York (February 16, 2012, 1:27 PM ET) -- William A. Meaders Jr. is a member of the real property and land use planning practice section at Kirton & McConkie PC in Salt Lake City, and sits on the firm’s board of...more

Chicago City Council Amends Vacant Building Ordinance to Address Mortgage Lender Concerns

The Chicago City Council recently approved another amendment to its vacant building ordinance. Scheduled to take effect November 19, 2011, this amendment eliminates the requirement under a prior amendment that mortgagees...more

City Councils Impose Greater Liability on Mortgagees and Securitization Trustees

The city council of Springfield, Massachusetts recently approved ordinances relating to (i) mortgagee and securitization trustee liability for the maintenance of vacant residential real property or real property in...more

Mass. SJC Rules Purchaser Of Faulty Foreclosure Property Is Not Owner

The Massachusetts Supreme Judicial Court ruled today in much anticipated Bevilacqua v. Rodriguez case. The final edict is mix of bad and good news for owners of property whose titles have been rendered defective due to...more

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