News & Analysis as of September 21, 2024

Foreclosure › Leases

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Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -

Non-Disturbance Agreements: Beneficial to Both Renewables Developers and Banks

Husch Blackwell LLP on 8/10/2022

Few propositions are as much of a win-win for both the holders of mortgages and the developers of renewable energy projects as non-disturbance and attornment agreements....more

Update: Florida Again Extends Ban On Certain Evictions, This Time Through August 1

Fox Rothschild LLP on 7/5/2020

On June 30, 2020, shortly before the ban was due to expire, Florida Gov. Ron DeSantis again extended Executive Order 20-94, which restricts certain real estate evictions, this time through Aug. 1, 2020. Executive Order...more

Commercial Leases & COVID-19

Dentons on 4/28/2020

Iowa Orders - In March, Governor Reynolds issued proclamations intended to provide relief for residential evictions and leases: ..March 20, 2020 - suspended residential evictions and lease terminations because of...more

Nevada Suspends Commercial and Residential Evictions and Foreclosures Due to COVID-19 Crisis

Snell & Wilmer on 4/9/2020

Nevada recently joined the rapidly-increasing list of states suspending or barring eviction and foreclosure actions during the COVID-19 pandemic. By both executive directives and judiciary orders, almost all foreclosure and...more

Court Holds Assignment Vitiates Contract Provision Limiting Damages

Allen Matkins on 9/25/2019

Yesterday, a division of the California Court of Appeal came to the rather surprising conclusion that an assignment of a contract deprived the assignor of the benefit of a contractual limitation on liability. Gietzen v....more

Real Property, Financial Services, & Title Insurance Update: Week Ending May 11, 2018

Carlton Fields on 5/16/2018

REAL PROPERTY UPDATE - Summary Judgment: incorporation of an affirmative defense by referencing “previously filed pleadings” does not obviate movant’s obligation to comply with particularity requirements mandated by rule...more

Real Property & Title Insurance Update: Week Ending June 2, 2017

Carlton Fields on 6/8/2017

Real Property Update - Lease: where lessee transfers leasehold interest to third party, but retains easement in leased property, lessee transfers less than “entire interest” in property, and such sublease not tantamount to...more

Real Property, Financial Services & Title Insurance Case Law Update

Carlton Fields on 7/2/2014

Neutral Evaluation/Sinkhole Litigation: trial court erred in sustaining objection to insurer’s notice of stay to invoke neutral evaluation process in lawsuit for breach of contract and damages for sinkhole losses to property...more

Real Property, Financial Services & Title Insurance Case Law Update: June 2014 #1

Carlton Fields on 6/10/2014

Foreclosure/Surplus Funds: subordinate lienholder who failed to file claim to surplus funds with clerk within sixty days of foreclosure sale as required by section 45.031(7)(b), Florida Statutes (2010) not entitled to surplus...more

Appellate Court Notes

Pullman & Comley, LLC on 6/4/2014

AC35802 - Estate of Haburey v. Winchester - Widow was allowed to claim spousal benefits for deceased employee who worked at municipal sewage treatment facility. Commissioner could have properly found that exposure to...more

The Not So Good, the Bad and the Ugly: What Every Landman Needs to Know About Community Leases

Stoel Rives LLP on 9/9/2013

In this presentation: - Creation - Conveyance Problems - Allocation of Royalties - Partial Quitclaim Problem - Pooling - Foreclosure Issues - Excerpt from: Conveyance Problems...more

Chicago Continues to Aggressively Regulate Foreclosed Properties with New Requirements on Tenant Leases

Holland & Knight LLP on 6/28/2013

In early June, the City of Chicago passed the "Keep Chicago Renting" ordinance (SO2012-5127), which requires that the owner of foreclosed properties offer existing tenants renewal of their lease or pay expenses to the tenant...more

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Foreclosure › Leases

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