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Unenforceable Contract Terms Real Estate Transactions

Cadwalader, Wickersham & Taft LLP

To Pay, or Not to Pay, the Co-op’s Attorneys’ Fees; That is the Question

On January 28, 2025, the New York Appellate Division, First Department refused to enforce a contractual provision that required a tenant-shareholder to pay a co-op’s attorneys’ fees in all lawsuits that the tenant-shareholder...more

Kaufman & Canoles

Title Insurance Client Alert - June 2023

Kaufman & Canoles on

Recently, the Circuit Court of Arlington County, Virginia, issued an important decision involving the modification and enforcement of deeds of trust. In Mahaley v. Metters, CL21002581-00/01, 2023 Va. Cir. LEXIS 80 (Arlington...more

Gray Reed

Busted Land Transaction Violated the Statute of Frauds

Gray Reed on

In the Estate of Terry Banta presents yet another purported Texas land transaction doomed because of disregard for the Statute of Frauds. Terry Banta and the Herriotts entered into an oral agreement for the Herriotts to...more

Kaufman & Canoles

Title Insurance Client Alert – Supreme Court of Virginia Holds Restrictive Covenant Unenforceable

Kaufman & Canoles on

Wells v. Beville, Record No. 210469 - Yesterday, in an unpublished order, the Supreme Court of Virginia held that a covenant restricting the sale of property on Smith Mountain Lake was unenforceable due to changed...more

Cadwalader, Wickersham & Taft LLP

Going Green - February 2022 - Further Developments in Mezzanine Foreclosures

The New York State Supreme Court, County of New York (the “Court”) decided in Atlas Brookview Mezzanine LLC v. DB Brookview LLC, on November 18, 2021, that an accommodation pledge entered into in connection with a mortgage...more

Cozen O'Connor

Deed in a Box: An Advantageous Loan Workout Method in the Time of the COVID-19 Pandemic

Cozen O'Connor on

Most real estate attorneys would typically be dismissive of a transaction that places a deed in escrow as collateral for a loan. This is because it is universally known that any loan term that interferes with a borrower’s...more

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