Zoning, Planning & Land Use, Residential Real Estate, Finance & Banking

Florida to Government: Your Lien Doesn't Foreclose This Old Mortgage

by Michael Starks, Sarah-Nell Walsh | Baker, Donelson, Bearman, Caldwell &... on 5/22/2013

The Florida Supreme Court has ruled that cities cannot create ordinances that subject prior recorded mortgages to their subsequently recorded county or governmental liens, because it conflicts with Florida's state statutes on...more

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

by Douglas L. Waldorf, Jr. | Rogers Towers on 5/21/2013

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

Municipal Liens vs. Mortgages: Which Has Priority?

by Douglas L. Waldorf, Jr. | Rogers Towers on 4/19/2013

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

by Keith Mullen | Winstead PC on 4/17/2013

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

by Sarah Reise | Ballard Spahr LLP on 4/2/2013

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

by Bryan G. Scott | Spilman Thomas & Battle, PLLC on 3/29/2013

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

Proceed with Caution when Considering the Acquisition of a Busted Deal

by Thompson Coburn LLP on 3/28/2013

Do not underestimate the importance of due diligence when evaluating the acquisition of a busted deal. In the world of land use and zoning, a busted deal is a planned real estate development that has failed, and the future of...more

Lender-Involved Condemnation Part 1: Principles of Condemnation

by Ivy Cadle | Baker, Donelson, Bearman, Caldwell &... on 2/15/2013

This is the first installment in a series of articles related to lender-involved condemnation. This article provides an introduction to the principles of eminent domain and condemnation in a question and answer format. The...more

The Fiscal Cliff for Condominium Developers

by Kristi Stotts | Winstead PC on 12/31/2012

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

California Foreclosure Update: New registration requirements for foreclosed properties may lead to penalties, fines for lenders

by Greg M. Carpenter, Lyndsey A. Tadlock | Snell & Wilmer L.L.P. on 11/27/2012

Originally published in Western Real Estate Business, October 2012. The economic downturn has resulted in a record number of foreclosures in California. Many property owners have simply abandoned these foreclosed...more

School Concurrency Impacts Residential Development in Miami-Dade County

by Akerman Senterfitt on 10/26/2012

With increased international investment, Miami-Dade County has seen a rebound in the real estate market, particularly with regard to residential projects in high-density areas in Miami's urban core and bayfront and beachfront...more

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

by Miller Starr Regalia on 10/11/2012

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

Developing Affordable Housing on Brownfields – A Natural Connection by Jason Lichtstein

by Akerman Senterfitt on 7/31/2012

Originally published in The Florida Housing Coalition - Volume 28, No. 2. Affordable housing developers naturally understand the value of urban infill sites to their projects, given their central location and proximity...more

Massachusetts Federal Court Upholds Local Foreclosure Laws

by BuckleySandler LLP on 7/18/2012

On July 3, the U.S. District Court for the District of Massachusetts dismissed several banks’ challenge to a Massachusetts city’s foreclosure-related ordinances. Easthampton Savings Bank v. City of Springfield, No. 11-30280,...more

Lenders Subject to Administrative Enforcement of New Requirements for Unoccupied Mortgaged Real Estate in Cook County

by Christopher W. Carmichael, Francis L. Keldermans | Holland & Knight LLP on 7/11/2012

Cook County, Illinois, which encompasses Chicago and dozens of surrounding suburbs, enacted an ordinance on December 14, 2011, requiring that within 30 days after a residence becomes vacant or 60 days after a default,...more

Amendment to the Administrative Code of the City of New York Requiring Mortgagees to Notify the Department of Housing Preservation...

by Cullen and Dykman LLP on 5/22/2012

Introduction No. 501-A, titled A Local Law to amend the administrative code of the city of New York, in relation to notification by a mortgagee commencing an action to recover residential real property, was approved by the...more

Fannie Mae Provides Guidance Regarding Chicago Vacant Property Ordinance and Payment of Homeowners’ Association Dues and Condo...

by BuckleySandler LLP on 4/16/2012

On April 11, Fannie Mae published Servicing Guide Lender Letter LL-2012-04, which follows up on a previous notice regarding the City of Chicago’s (the City) vacant property ordinance. Effective May 1, 2012, servicers will be...more