2006 DAILY DEVELOPMENT FILES

JANUARY

• 1/23 Recovery of Default Interest in Bankruptcy - Possible Standards

• 1/24 Divesting Property for Medicaid - An Honorable Pursuit

• 1/25 Equitable Limits on Specific Performance Remedy

• 1/26 Res Judicata in Foreclosure Cases

• 1/30 Sale under threat of condemnation not a sale within meaning of lease termination clause

• 1/31 Golf Ball Invasion - Trespass or Nuisance

FEBRUARY

• 2/1 Prepayment Premium Collectible in Bankruptcy _ _ _ Again

• 2/2 Indiana Court Restores Sanity - Exclusive Use Benefits Can't be Invoked by Tenant Operating a Different Business than that Protected

• 2/3 Hardball Rule on Late Notice of Extension-Renewa

• 2/6 Third Circuit Substantive Consolidation Ruling Narrows the Remedy

• 2/7 Bktcy Court may make lease rejection retroactive in equitable case

• 2/9 Implied from Platted Park Easements and Analysis of True Intent

• 2/13 Implied from Platted Park Easements and Analysis of True Intent

• 2/14 Can tenant waive LL's mitigation duty

• 2/15 New Jersey Reinterprets Standard Pollution Exclusion - Insurers' Stung Again

• 2/16 Pipe Inspection Easement - Trees Over the Pipe - What Gives

• 2/17 How many tries satisfy financing contingency good faith application requirement

• 2/20 Mother Hubbard Subordination Works in Georgia

• 2/21 Does Post Closing Punchlist Escrow Displace Contract Liability

• 2/22 Forfeiture Restraint on Alienation for Lifetime of Grantor Upheld, But It's Close!!

• 2/23 Does Repair Roof mean Replace Roof

• 2/24 Broker-Lawyers Can Take Commissions In Lieu of Hourly Rate

• 2/27 Stealing tenants Plan, Plan, Plan

• 2/28 LL Cannot Automatically Add Management Fee to CAM

MARCH

• 3/1 New Indiana "Vested Rights" Decision Cuts Back on Developer's Claims

• 3/20 Is foreclosure purchaser of leasehold estate liable for rents_x003F

• 3/21 New Deepening Indebtedness Tort threatens lenders _ _ _ or not

• 3/22 Sue on Note, but judgment excludes prepayment penalty and other damage claims_ Can you later foreclose for larger amount

• 3/23 New Colorado subrogation decision continues focus on subrogee's knowledge of intervening lien

• 3/24 Former owner on the property You must inquire why

• 3/27 Doctrine of Inseparability in partial condemnation rewards condemnee for damages resulting from whole project, not just that on land taken

• 3/28 Can broker botch up agency disclosure and still collect commission

• 3/29 Adult Businesses - The Worm Has Turned

• 3/30 Multiple Foreclosure Bingo - Make Sure You're Playing on All the Cards

• 3/31 Simple fraud not enough - victim must show reliance

APRIL

• 4/3 Can Association Develop Rules Permitting Civil Detention for Parking Violators

• 4/4 Can you omit your own junior lien from foreclosure of senior lien you also hold

• 4/6 Six big variances Whoops!!! Illegal Spot Zoning

• 4/7 New Torrens Case Ignores Bad Faith - Cuts Off Unregistered Mortgage

• 4/10 Status of Lot Hold Agreement Versus First Refusal Right

• 4/11 Theft by Adverse Possession Honored in New York

• 4/12 Purchasing Cotenant Has No Fiduciary Disclosure Duty to Seller Cotenant

• 4/13 Do Federal Rules Require Pleading Particularity For Claims Under Uniform Fraudulent Conveyances Act

• 4/14 Should Condo Owner's Easement Rights be Subject to Community Gloss

• 4/17 Children's Joint Tenancy Survivorship Undone by State Medicaid Lien

• 4/18 Two in one Accord and Satisfaction; Lis Pendens Issues

• 4/20 When is a lease default not a default When it's been waived

• 4/21 Hiding property from bankruptcy court may cost benefit of automatic stay on foreclosure

• 4/24 Is Pre Taking Hearing Required When Public Purpose Not an Issue

• 4/25 Seller's disclosure warranty of truth survives merger by deed.

• 4/26 Guarantor Liability for Holdovers

• 4/27 Supreme Court Rules on Tax Foreclosure Notice - Obscurely

• 4/28 Can ground lessee consolidate several separately leased parcels into one facility and leave the whole batch to the various landlords under a "yield up" clause requiring return of the premises and facilities in "good condition?"

MAY

• 5/1 Massachusetts broadly interprets takings factors

AUGUST

• 8/14 Still More and More Equitable Subrogation

• 8/15 Wife signs mortgage of entireties property, but avoids mortgage when husband dies

• 8/16 Prepayment lock out unless mortgagee consents subject to good faith and fair dealing constraints

• 8/17 Recording Misleading Mortgage in Public Record Can Be Actionable Fraud

• 8/18 Release the lease assignee, you release the original tenant-surety

• 8/21 First Katrina insurance claim founders on tough policy language

• 8/22 Forged Deed, but Good Mortgage

• 8/23 Is an overlap out from insured parcel an encumbrance under title policy when survey exception waived

• 8/24 Corporate format protects sole shareholders-real estate owners Hold on, there!!

• 8/25 Prior Unpaid Assoc_ Assessments May Prime Foreclosing Mortgagee Through Back Door

SEPTEMBER

• 9/18 Non harmful, but material modification of guaranteed debt releases guarantor
• 9/19 Verbal Promises Concerning Property - Enforceable Or Not
• 9/20 Notwithstanding contract, subdivision sales personnel are not independent agents for federal wage and hour requirements, other issues
• 9/21 Lawyer (neighbor) represents seller - later estopped from asserting adverse possession claim existing at time of sale
• 9/22 Mississippi slams the door on impact fees for building permits, Katrina notwithstanding
• 9/25 Extent of T's obligation to pay fee on sales of each new car when T relocates new car sales to new location
• 9/26 Can you seek specific performance and total breach damages in same suit
• 9/27 Holdover of Automatic Renewal Lease Can Expose Tenant to Gotcha!!
• 9/29 Another Late Exercising Tenant Loses Its Renewal!!!
• 9/30 Tenant in Default Still Collects Condemnation Damages

OCTOBER

• 10/02 Man Bites Dog! Lender loses prepayment fee case
• 10/03 Can an Association with no assessment or maintenance authority recreate itself by amendment
• 10/03 [Repost] with corrected cite_ Man Bites Dog! Lender loses prepayment fee case
• 10/04 What, in fact, does a radius clause protect
• 10/05 Waste Wow! What Waste Whence Waste
• 10/06 Automatic default plus automatic activation of rents interest causes conversion conundrum
• 10/09 Perpetuities Savings Clause without a measuring life stated OK in Md
• 10/10 Relevance of Subsequent Foreclosure Price to FMV Determination for Breach of Earlier Sale
• 10/11 Court specifically enforces option agreement with usurious terms, but voids the interest - optionee rides free
• 10/12 Dueling Lease Options
• 10/13 Must Big Associations Provide Free Speech Rights N_J_ Court Says Ye
• 10/16 An Excursion Into Resulting Trust Law With Delaware Chancery Court
• 10/17 Residential eviction procedures nailed again by new Federal Fair Debt case
• 10/18 Is misstatement of debt in eviction complaint a Due Process violation
• 10/19 Still another subrogation case - Refi lender with constructive knowledge (and its insurer) bite the dust
• 10/20 Does presence of unlicensed broker so poison a contract that the arbitration clause is void
• 10/23 Prescriptive Easement Case Raises Question of Sufficiency of Blockage to Interrupt Claim
• 10/24 Government Must Compensate for Retaliatory Conduct, Including Permit Denial - Or Not
• 10/25 Recording of mortgage assignment not necessary to perfect mortgage as against debtor's estate; late recording of assignment is not a violation of the stay
• 10/26 Can you buy a dragnet clause as a debt collection device
• 10/27 Court Upholds Easement Created by Implication from PUD Plan Benefitting Neighboring Property Held by Strangers
• 10/30 Reinventing a Merged Away Easement
• 10/31 Can Government Prohibit Landlords from Barring Day Care Use

NOVEMBER

• 11/01 Tenant Liability To Later Tenants for Negligently Installed Fixtures
• 11/02 Surprise!! Land sale assignee stuck with assignor's debt and personal service obligations
• 11/03 Landowner Dodges Subjacent Support Liability by Hiring Independent Contractor
• 11/06 Owner Can Form Association Twenty Years After Declaration - And Assess
• 11/07 Exaction of Treatment Plant Becomes Free Use Land for City
• 11/08 Wyoming Rejects Restatement Subrogation Idea
• 11/09 Can you stipulate highest possible interest as a default interest number
• 11/10 Another case finds that lease rejection is not a termination of lease, protecting assignee of rents
• 11/13 Adverse Possession of Public Lands Not always, but sometimes
• 11/14 Tenant's Rent Abatement Remedy Upheld - Not a Penalty
• 11/15 Is a wedding chapel recreational