News & Analysis as of September 25, 2024

Foreclosure › Real Estate Development

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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 -

Michigan Court of Appeals Holds That Development Agreement Obligations are Extinguished in Tax Foreclosure

Miller Canfield on 5/6/2021

The Michigan Court of Appeals recently held that assessments on a property under a development agreement between a city and the property's former owner did not survive a tax foreclosure and therefore were not liens against...more

Something Special, April 2021 | Issue No. 23 - Don’t Be Cruel: Appellate Division Upholds Waiver of Fiduciary Duties But Denies...

Cadwalader, Wickersham & Taft LLP on 4/30/2021

Can contracting parties waive all common law fiduciary duties? That was one of the questions presented to the New York Supreme Court, Appellate Division, First Department (the “Court”) in 111 West 57th Investment LLC, on...more

Real Estate Development in the Time of Coronavirus: Massachusetts – Update – October 2020

Pierce Atwood LLP on 10/20/2020

NEW GUIDANCE ON PUBLIC HEARINGS ON HOUSING PROPOSALS - The Massachusetts Department of Housing & Community Development (DHCD) recently issued guidance for municipalities regarding housing development. This guidance...more

Real Estate Development in the Time of Coronavirus: Massachusetts (UPDATED)

Pierce Atwood LLP on 4/28/2020

GOVERNOR BAKER EXTENDS ORDER REGARDING BUSINESSES AND GATHERINGS - On April 28, 2020, Massachusetts Governor Charlie Baker extended his previous order disallowing many businesses to have employees in brick-and-mortar...more

Financing Real Estate Projects in Los Cabos, Mexico

Snell & Wilmer on 2/21/2020

The development of real estate projects, including hotels and master planned communities in Los Cabos and other places in Mexico, commonly requires financing by banks and other institutional lenders. This article presents an...more

Foreclosure Deficiency: Construction Loan vs. Home Improvement Loan

Snell & Wilmer on 8/26/2019

In a recent Arizona Court of Appeals case, Helvetica Servicing, Inc., v. Pasquan, 2019 WL 3820015, (8/15/19), the Court of Appeals addressed the distinction between (1) a construction loan (or refinance of same) and (2) a...more

Developers Must Explicitly Reserve Construction Right in Phased Condominium Project

Conn Kavanaugh on 6/14/2019

As any seasoned developer knows, condominium development projects involve a delicate interplay between the developer, unit owners, the condo association, and the lenders that fund construction and acquisition costs. Last...more

Real Property, Financial Services, & Title Insurance Update: Week Ending October 19, 2018

Carlton Fields on 11/12/2018

Real Property Update - - Chapter 720 / Prevailing Party Fees: developer that successfully defended against association’s lawsuit for declaratory and injunctive relief was properly awarded prevailing party attorneys’ fees...more

2018 Legislative Update: New Laws Impacting Commercial Real Estate Clients

Sands Anderson PC on 7/30/2018

Below is our annual update on legislative changes impacting the real estate industry. All common interest communities are based on a foundation of real estate law, and thus changes to these laws can often impact common...more

What's on the radar for real estate?

Hogan Lovells on 5/16/2018

In this short guide, we have highlighted some of the key legal changes that are on the real estate radar in a variety of international jurisdictions. ...more

Fourth Circuit Approves Partial Dirt for Debt Plan

Poyner Spruill LLP on 1/3/2018

Do you want to own that rural timberland you financed a few years back? Well, what if I told you that not only are you taking ownership, but you’re taking it in exchange for a credit of three times its appraised value? The...more

Money, Dirt and Steel: Year End 2016

Williams Mullen on 1/10/2017

COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS - In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action...more

Favorable Ruling for Condo Associations in Second DCA

Shumaker, Loop & Kendrick, LLP on 12/16/2016

Recently, in Ventana Condominium Ass’n, Inc. v. Chancey Design Partnership, Inc., et al., 2016 WL 4259999 (Fla. 2d DCA), the Second District Court of Appeal held that the Plaintiff, Ventana Condominium Association, Inc. (the...more

West Coast Real Estate Update: October 2016 #1

Holland & Knight LLP on 10/10/2016

California Coastal Act Blocks Housing Project in Venice Despite Earlier Approvals - Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer’s petition...more

Real Property & Title Insurance Update: Weeks Ending September 23 & 30, 2016

Carlton Fields on 10/3/2016

REAL PROPERTY UPDATE - Foreclosure/Hearsay/Business Records: trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff’s witness demonstrated...more

Recent Arizona Case Law and Legislative Developments Affecting Real Estate Lending

Clark Hill PLC on 3/16/2016

The following information accompany a presentation Mike gave to members of the Arizona Commercial Mortgage Lenders Association (ACMLA) on March 8, 2016. A summary of legislative amendments enacted during the most recent...more

West Coast Real Estate Update: March 2016 #2

Holland & Knight LLP on 3/9/2016

FDIC Clarifies "Abandoned Foreclosures" Guidelines - The Federal Deposit Insurance Corporation (FDIC) clarified on March 2, 2016, its existing guidelines with respect to the decision by any FDIC-supervised institution to...more

West Coast Real Estate Update: Feb. 2016 #1

Holland & Knight LLP on 2/2/2016

Residential Communities: Proposed Amendment to Allow Owners' Attorneys at Association Board Meetings - In an attempt to further broaden when a member of a common interest development association can bring his or her...more

SEC Files Offering Fraud, Microcap Fraud Actions

Dorsey & Whitney LLP on 9/16/2015

Microcap fraud and offering fraud cases are staples of SEC enforcement. The agency added to its totals in these areas, filing an additional offering fraud and microcap fraud action. SEC v. Mogler, Civil Action No. 15-cv-01814...more

Buying a Distressed Residential Subdivision: Are You Getting In Over Your Head?

Lowndes on 5/19/2015

There are many ways to acquire a distressed residential subdivision for what may seem to be a bargain price. Whether an investor is buying the property at a foreclosure sale or purchasing a defaulted mortgage loan on the...more

Money, Dirt & Steel: Spring 2015 NC Real Property Litigation Update

Williams Mullen on 5/12/2015

MONEY: GUARANTORS CAN NOW RELY ON G.S. §45-21.36 VALUE DEFENSES - By statute in North Carolina, G.S. §45-21.36, certain obligors may defend a deficiency action where the bank is the successful bidder by arguing...more

If Receiver’s Sales Aren’t Foreclosures, What Are They?

Snell & Wilmer on 3/23/2015

When no statute specifically authorizes a court-appointed receiver to sell real property, what type of sale is it? The Supreme Court of Nevada recently addressed this question, holding that “a receiver sale of real property...more

Colorado Supreme Court: Construction Lender's Subsidiary Is Not a Subsequent Purchaser - Negligence Claim May Not Be Asserted...

Stinson LLP on 3/9/2015

Lenders and contractors may want to take additional precautions before they take title to a newly constructed home through foreclosure (or deed in lieu of foreclosure) following a recent decision by the Colorado Supreme...more

7th Circuit Dusts off the Erie Crystal Ball on Title Insurance Defense

Foley & Lardner LLP on 11/20/2014

Lawyers generally enjoy prognosticating future developments in the law. Under the Erie doctrine, federal judges have a legitimate need to engage in this pastime. Recently, in Philadelphia Indemnity Ins. Co. v. Chicago Title...more

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Foreclosure › Real Estate Development

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