Fair Market Value

Real World - Spring 2013: Damages include fall in market

by Sophie Ogilvie | Dechert LLP on 5/14/2013

Two recent cases have highlighted circumstances in which damages for breach of contract may include loss caused by a fall in market values....more

Court Upheld A Waiver Of Property Code Rights And Affirmed A Deficiency Judgment Based On The Foreclosure Price

by David Johnson | Winstead PC on 5/14/2013

In New Millennium Homes, Inc. v. Texas Community Bank, NA, a debtor appealed a summary judgment granted to a lender based on a deficiency claim. No. 09-12-00073-CV, 2013 Tex. App. LEXIS 1598 (Tex. App.—Beaumont February 21,...more

Rogers Towers: Florida Deficiency Proceedings: Establishing the Value of the Property

by Scott J. Kennelly, Janet C. Owens | Rogers Towers on 3/12/2013

Following a foreclosure sale, a secured creditor may seek a monetary judgment for the deficiency amount that remains owed to it by the borrower. If the creditor was the successful bidder at the foreclosure sale, it has the...more

Recent Developments In Utah Condemnation Law (2012)

by Thomas Checketts | Kirton McConkie PC on 2/28/2013

In This Issue: - Utah Department of Transportation v. FPA West Point, et al., 2012 UT 79 (Utah Nov. 20, 2012) - Utah Department of Transportation v. Admiral Beverage Corporation, et al., 275 P.3d 208 (Utah...more

Does The January 1, 2013, Assessment Represent Your Property’s Fair Value?

by Marie-Pierre Gauthier, Pierre Huard | Heenan Blaikie LLP on 2/25/2013

Dans certaines municipalités, un nouveau rôle triennal pour les années 2013, 2014 et 2015 est entré en vigueur le 1er janvier 2013. Vous avez reçu un avis d’évaluation établissant la nouvelle valeur de votre immeuble. Si vous...more

Rogers Towers: Florida Deficiency Proceedings: Effect of Bids at the Foreclosure Sale

by Scott J. Kennelly | Rogers Towers on 2/21/2013

During a deficiency proceeding, once a creditor introduces the foreclosure sale price, the borrower technically has the burden of presenting evidence to establish the fair market value of the property. In the absence of such...more

Revised Common Level Ratio for Philadelphia May Entitle Certain Taxpayers to a Refund

by David Augustin, George Kroculick, Louise Melchor, Brett Messinger | Duane Morris LLP on 2/20/2013

A recent change may affect the parties to certain real estate transactions with respect to property located in Philadelphia County, Pennsylvania, that took place on or after July 1, 2012....more

Court Rules That Landowners Must Provide Factual Support For Market Value Opinions

by David Johnson | Winstead PC on 2/20/2013

The Texas Supreme Court has recently held that while the property owner rule establishes that an owner is qualified to testify as to market value, the testimony must meet the same requirements as any other opinion evidence....more

California High-Speed Rail - What You Need To Know

by Miller Starr Regalia on 2/5/2013

Project Overview - The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego. The...more

Amending California's dissenters' rights statute

by Brandon Parris | Morrison & Foerster LLP on 1/29/2013

Originally published in the Daily Journal on December 21, 2012. On Sept. 23 Gov. Jerry Brown signed Assembly Bill 1680 into law. AB 1680 amends California's dissenters' rights statute by (i) eliminating dissenters rights...more

Cops Have to Pay for Losing Your Stuff

by Josh Crank | Lawyers.com on 1/14/2013

There’s no upside to having your property confiscated by the police, but you should at least be able to trust them to keep track of your belongings. And thanks to a recent decision from the 8th U.S. Circuit Court of Appeals,...more

Rogers Towers: A Troubling Interpretation: Prepetition Foreclosures as Preferential Transfers under § 547

by Scott St. Amand, J. Ellsworth Summers, Jr. | Rogers Towers on 1/8/2013

As stated in Doug Waldorf’s post below, the concept of property valuation in regards to a deficiency judgment is well established within the Eleventh Circuit. The fair market value of the property is established at the...more

SEC Charges Eight Mutual Fund Directors for Failure on Valuations

by Kathleen H. Moriarty, Peter J. Shea, Gregory E. Xethalis | Katten Muchin Rosenman LLP on 12/29/2012

On December 10, the Securities and Exchange Commission announced charges against eight former member of the boards of directors overseeing five mutual funds for violating their asset pricing responsibilities under the federal...more

The Eighth Circuit On How To Get Your Stuff Back After The Government Takes It Using A Search Warrant

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 12/19/2012

There's little judicial attention paid to folks who have their stuff taken by the police executing a search warrant - and who want it back later. Thankfully, just in time for Christmas, the Eighth Circuit breaks out with...more

Art is Long, Life is Short: Estate Planning for the Artist and the Art Collector

by Sarah M. Johnson, Joshua J. Kaufman | Venable LLP on 12/10/2012

I. NON-CHARITABLE TRANSFERS DURING LIFE Art is particularly well-suited for charitable transfers if the circumstances fit, but not all collectors or artists want to leave their art to a charitable organization. In...more

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