1/3 Signature May Not be Required to Make
Construction Contract Binding
1/4Capped Claims of Assignor When Bankrupt
Assignee Terminates Lease
1/5 Federal Forfeiture of Cotenant's
Interest - What About the Other Cotenant?
"Inattentive" Council Review Hearing Voids Variance Decision
Application of "Earmarking Doctrine" To Refinancing that Precede Bankruptcy
Avoids Preference Problems
Judicial foreclosures are "debt collection under Fair Debt Collections Act,
even when no judicial foreclosures are not.
The Other Shoe in the Fair Debt Case - Definition of "Debtor"
Tenant in Bankruptcy Can Reject Lease Retroactively, Even When It Has Not
Surrendered Possession, and Dodge Rent
Associations Can Regulate Member Parking on Local Streets
Can Association Provide Background Information on Board Candidates?
Valuation Does Not Cap Mortgagee's Right to Bid in Debt at
Foreclosure and Avoid Paying Surplus
New Jersey court affirms broad "blight" designation supporting private
redevelopment of public land.
1/20 Rejection of Lease by tenant in
bankruptcy - is it a termination - or just a breach
1/21 Editor Ruminates on Rent Obligations
in Context of Reversion Transfer
1/24 Court Will Permit Tax Sale to Stand
in Face of Automatic Stay Violation Where Owners and Mortgagee Failed to
Notify Tax Foreclosure Parties
1/25 Commission Payable in Quantum Meruit
when Proposed Buyer Leases
1/26 Do Oral Conditions Void a Present
Physical Deed Delivery?
1/27 Another "Earmarking" Case Surprises -
Refinancing Loan a Preference
1/28 Troublesome "Moot ness Doctrine"
Prevents Appeal on the Merits of a Judicial Deprivation of Landlord's 365
1/31 "Additional Insured" Coverage
Available Even When Indemnity Agreement Fails
2/1 Landlord's Groundless Litigation vs.
Tenant Can Amount to a Constructive Eviction.
2/2 Transfer by Husband to Self and Wife
Assumed to be by Entireties
2/3 Mall Owner Not Liable for Injuries in
Separately Owned Lot Where Patrons Park
2/4 Major New Good Faith Case - Optionor
Can't Obfuscate Exercise Details, Even When Optionee Messes Up
2/7 Latest Mortgage Scam Uncovered - Too
Late for Homeowner Victims
2/8 Can Construction Loan Draw Requests
Satisfy Requirement for Writing to Support Mechanic's Lien?
2/09 No Light and Air Rights by
Prescription - What About by Implication?
2/10 Developments in the Implied Warranty
of Suitability in Commercial Leases
2/11 Escrowee/Lawyer's Duty to Select Safe
Bank? No more.
2/14 Impact of Fraudulent Withholding on
"As Is" Clause - When is Buyer Deterred from Inspecting?
2 /15 Does LL or T decide how much
security is enough? Metal detectors in the Rainbow Room?
2/16 Does failure to pay a condo
assessment postpetition give rise to a prepetition indebtedness? Hmmmm?
2/17 Constitution Requires Some Equality
of Municipal Services for Mobile Home Parks
2/18 Is Home Office a Violation of "No
2/21 Does Owner Have Duty to Maintain
Slope Supporting Filled Property on Neighboring Land?
2/22 Will Bkrtcy Permit Late Charge AND
2/23 Liquidated Damages Analysis of
Prepayment Premium on Acceleration Works.
2/24 Equitable Servitudes Require Common
Plan - Other Subdivision Covenants Do Not
2/25 Godzilla vs. King Kong - Rule Against
Perpetuities vs. Statutorily Mandated Option Right
2/28 Disabilities Law and Elevator
3/1 Is there still a lease if LL ousts
Is Consideration Necessary to Support an Option?
3/3 Without Specific Time of Essence
Agreement, Rescheduled Closing Time Can Linger and Linger
3/6 Closoing Attorney's
Duty to File Extension of UCC Recording Five Years Later? Well . . .
3/7 Criminal Statute re Deposit Turnover
Enforceable by Successor Landlord
3/8 Can Premature Foreclosure Notice Spoil
3/9 Qualitech Countered - A Light Shines in
3/10 Implied Continuous Operation and Going
3/11 Seller can set time of essence, but not
if it's not willing to perform fully.
3/14 Statute of Repose Roused Again in
Adverse Possession Context - Is Alabama Unique?
3/15 Blow the foreclosure? Does res judicata
bar all future foreclosures - even on new defaults?
3/16 Is prohibition on feeding Bambi in your
own background too far for government to go?
3/17 Can Enforcement of Private Covenant
Abridge Religious Freedom?
3/18 Role of Subjective Intent in
Determining Abandonment of Preexisting Non-Conforming Use
3/21 Does Subordinating Lender Subordinate
to Dragnet Clause in Priming Mortgage?
3/22 Florida Rejects Traditional Easement by
3/23 If one cotenant refuses to sell, others
may dodge contract.
3/24 Anti-Deficiency Protection Does Not
Preclude Million Dollar Award of Attorney's Fees.
3/25 Texas flip of burden of proof on
mitigation duty helps landlords.
3/28 Another Waiver of Automatic Stay Case -
OK - But Let's Think About It
3/29 Sixty years to establish a prescriptive
3/30 Special Servicer Gets Slugged for
Overraction to Borrower's Difficulties
4/18 New Ruling on
Chapter 13 Cram Down Protection for Claims Secured "Solely" by Mortgages on
4/25 Illinois Court
Rejects Restatement's New Twist on Equitable Subrogation
4/27 If broker
overstates square footage, but value is still there, does buyer get damages?
4/28 Illinois weighs in
on unauthorized practice/conveyancing debate.
5/2 Two "quick hits" on
commercial leasing issues: Waiver of Rent. "Additional Rent"
5/3 Backhanded Limit on
Abstractor Liability Upheld
6/13 Does Corporate
Reorganization Trigger "Due on Transfer" Fee?
8/15 (We're back)
Federal Usury Preemption Does Not Protect Mortgage Brokers
8/16 Implied Duty not
to Relocate a Casino Boat Paying Percentage Rent?
8/17 Michigan Court
Declares All Property to Ordinary High Water Mark Subject a Public Walking
8/17 Does a college owe
a duty to inform a dormitory resident that his roommate earlier has been
suspended for violence?
8/18 Does Title Theory
Lender "Own" the Rents, Even When No
8/22 Single user public road created by eminent domain OK, notwithstanding Hathcock in Michigan
8/23 More Contract for Deed Woes - It's Not What Ya' Say, It's the Way That'cha Say It
8/24 Lis Pendens - Inquiry Notice - Inadequate Description - How to Resolve
8/25 City's failure to provide prior notice of curb cut closure supports permanent injunction against such closure
8/26 Does Seaside Subdivision Lot Own to the Water's Edge
8/29 Durrett Redux in Strict Foreclosure Setting
8/30 Easement Termination Case Explores All the Theories
8/31 Wife's Waiver of Claims to All Property in Which Husband Has an Interest Does Not Release Joint Tenancy w- Husband
9/1 New Jersey Reduces Stress on Lot Merger Problems for Subdivisions
9/2 Transfer of Home Place to Kids in Exchange for Lifetime Support Must be Carefully Documented
9/6 Mistake in Tax Proration is Final - New Assessment Sticks Buyer
9/7 Technical Notarial Errors Foils Record Priority Under Ohio's Pure Race Notice Statute
9/8 Broker doesn't sign arbitration clause - still benefits from its terms
9/9 All Terrain Vehicles Over the Pipeline Easement Nope
9/12 Right of Refusal Must State Specifically a Match the Offer Term or It's Void
9/13 Builder's Tying Arrangement for Subdivision Lot Upheld
9/14 What Compulsory Counterclaims Are There to an Eviction Proceeding
9/15 No Nonconforming Use Status When All Permits Weren's Obtained, Even Though Statute of Limitations Has Run
9/16 MERS stubs its toe trying to foreclose as owner's rep in Florida trial court
9/19 Pennsylvania Resolve Recording Dispute - Index is NOT Part of the Record
9/20 Maryland Court Trims Sovereign Immunity Protection for Park Areas Near Sidewalks
9/21 Bombshell New York Opinion Permits Landlord Trespass - Needs Reversal
9/22 Non-Reliance Clause Useless if Not Specific
9/23 Under Uniform Gift to Minors Act, lenders on notice of custodian's self dealing from record of transfer to herself.
9/27 Statute of Repose Extended To Reach Unknown Designer
9/28 Mitigating Landlord need not be a bottom fisher
9/29 Is reasonableness of LL's consent to sublet measured by standards of original, or newest, LL
9/30 Can LL object to assignment based on assigning tenant's bkrptcy after assignment was made
10/3 Requirement for immediate notice cancels required formalities elsewhere in lease
10/4 Federal Forfeiture and Torrens - Oh My!!!
10/5 Is Salt Lake City's 'Ecclesiastical Park' Unconstitutional When Only Mormons Can Promote Their Religion There
10/6 Fair Rental Value, not Landlord's Operating Profit, Is Appropriate Mitigation Credit for Abandoning Tenant
10/7 Ninth Circuit Adopts Mayan Rule - Letter of Credit Security Deposits Are Credits to Bankruptcy Cap
10/10 Is Possession of Note Necessary to Seek Relief from Stay on Foreclosure
10/11 Setting Aside Foreclosure Sale for Inadequate Bids Alaska sez yes.
10/12 When is a 'person' only a person Insurance case defines 'person' in wrongful eviction liability coverage.
10/13 Three in a pit - judgment lien, mortgage lien, homestead protection - which one wins in Bankruptcy
10/14 Does Egregiously Low Auction Price Deprive Foreclosure Purchaser of BFP Status
10/17 When Does Limitations Period Commence on Defective Construction Contract, closing, discovery
10/18 Installment Seller Buys Insurance; Installment Buyer Gets a Windfall!!
10/19 Choice of Law Permits Lender to Avoid Anti-Deficiency Laws in State Where Foreclosure Occurs
10/20 Payment of 75% of Debt Balance No Consideration for Mortgagee's Forbearance
10/21 Liquidated Damages clause re Earnest Money does not preclude separate recovery for pre closing rent
10/24 Neighboring townhouse owner is your landlord_ Do you live in owner-occupied building
10/25 All buildings, structures and improvements stay with landlord - what about trade fixtures
10/26 Material vs_ Not Insignificant Defaults in Lease - When Can LL Terminate
10/27 How fundamental does a religious practice have to be to require protection from zoning impact
10/28 Can state banish convicted (and punished) sex offenders from residing in its boundaries
11/01 Equally Scary - Six Year Limitations on Class Actions for Mortgagee's Late Satisfaction[Scanned]
11/02 Want Landlord's consent to sublease Show me the document!!!
11/03 Impact of Private Subdivision Covenants on Land Use Decisions
11/04 Honey, we bought the wrong house!! A comedy of errors in several parts
11/07 Implied easements require more than a preexisting use when documents suggest parties intended to abandon that use
11/08 Zoning estoppel permits calculated end run
11/09 Does Public Road Easement Include Private Access Roads
11/10 Broker forges seller's signature, but seller's knowing execution of subsequent disclosure documents ratifies
11/11 OK to use treasuries to compute prepayment premiums as liquidated damages for mortgage loan default
11/14 When will tenants enjoy implied waiver of subrogation for their negligently caused damage to landlord's premises
11/15 Is New York's Home Sale Disclosure Statute Unconstitutiona
11/16 Dispute growing over maintaining-expanding municipal roads built on federal land
11/18 Wal Mart, Oh Wal Mart!! Of what nature is thy sting
11/21 Can Condo Associations Prohibit Resale to Outsiders
11/22 For Medicaid qualification purposes, does equity stripping deed out have to be recorded
11/23 Can specific performance apply when seller takes ill
11/25 More Fire and Smoke re Letter of Credit Tenant Security Deposits and Bankruptcy Cap
11/28 If You Don't Know You Have Water Right Appurtenances Do You Transfer Them With the Land
11/30 CERCLA liability for utility placing underground lines in public easement Maybe
12/01 Can state law dismiss judgment liens post discharge beyond bankruptcy impact
12/02 Exclusive Use Clause not an unreasonable restraint - takes a big bite
12/05 Lease Lacks Property Description - What Constitutes Part Performance
12/07 Can Broker Earn Commission on Sale to Self?