2009 DAILY DEVELOPMENT FILES
01/5 Can Vendee withdraw post contract on basis of damage or destruction that Vendor can readily repair prior to closing
01/12 Standard residential prepayment claim fails fairness test in bankruptcy
01/13 Vague Yield Maintenance Clause a Deceptive Trade Practice
01/14 Can Statute of Frauds be Manipulated by Failure to Sign Completed Agreement
01/15 Episcopal parish can dispute doctrine, but if it splits from mother Church, it loses the church building, based upon "neutral principles".
01/19 Notary must record in journal to earn full fee
01/20 How many apple bites does a defaulting optionee deserve
01/21 Where wife has title, can bankrupt husband who resides in home and shares expenses make a homestead claim
01/22 Concealed graveyard case_ Fraudulent concealment damages owed to subsequent purchasers, not just to original victim
01/23 Where option is silent, what are closing crow terms upon exercise
02/03 Can you expand non conforming quarrying use to other adjacent land you owned before zoning ordinance was passed
02/04 You're on the zoning board and once worked for the applicant as a professional - recuse
02/05 About Buyer's specific performance suit and requirement that Buyer be ready, willing and able
02/06 Ohio Court rules that where mortgagee has voluntarily dismissed two prior suits to foreclose, res judicata rules bar any further action to collect the debt, and defaulting borrower
02/08 New Maryland standing case makes citizen attacks on redevelopment projects easier
02/10 Maryland standing decision makes citizen attacks on redevelopment projects easier
02/11 If time for exercise of option is stated clearly, the Rule Against Perpetuities will not void the option because the time for closing is not stated. Reasonable time will be presumed
02/18 Does marketable title require access?
02/19 Where deed refers to named subdivision plat, errors in identifying the area where property lies do not void the deed
02/23 Broad Georgia zoning appeals decision may ease appeals
02/24 Post Kelo courts reviewing more carefully "public purpose" rationales
02/25 What is duty of deed of trust trustee to beneficiary to verify status of debt before cancelling foreclosure based upon notice from prior beneficiary?
03/05 Some confusion, some clarity in D.C. rent acceleration case. Court approves acceleration remedy, but then withholds it upon LL's repossession
03/09 Short term landlord has duty to inspect premises and make them safe for tenant unless defects are "readily apparent
03/11 Can defunct association be reborn and continue to assess?
03/12 A tale oft repeated. Mortgage broker slipperiness - but is downstream purchaser liable?
03/13 Is downtime for leased equipment lienable?
03/16 Attorney review conditions: No good faith and fair dealing requirement?
03/23 Heirs of lessee to original ground lease must follow notice clause to inform lessee of notice address for purchase option
03/25 Restated: "As Is:" clause does not protect LL against misrepresentation as to size in California
03/26 Knowledge of correction deed generates duty of inquiry to find defects since corrected deed was recorded
04/14 Can ruined neighbors recover for developer's fraud in getting redevelopment rights, then withdrawing?
06/02 Elusive meaning of "Exclusive" in Ritzy Subdivision Access Easement
06/09 Junior's failure to name MERS (recorded nominee of the lender), resulting in foreclosure order terminating senior interest represented by MERS, OK in Ark
06/10 Where lease contains option without express exercise terms, do holdover and acceptance of rent invoke the option?
8/10 Pet deposits must stay within statutory maximum or landlord gets bitten?
8/11 Subrogation even where senior debt not fully paid?
8/12 Insurance case on instrumentalities - any relationship to MERS cases?
8/14 Court demands extended inquiry into grantor's intent notwithstanding presence of preexisting use in railroad implied easement case?
8/14 (a new one) Posted notice for tax sale need not be viewable from public road?
8/17 Poor drafting spoils outcome even when parties' intent was clear??
8/18 Is Lender liable for failure to deliver its Phase One to borrower?
8/18 Good faith duty requires reasonable extension of time for closing?
8/20 Where unrecorded contract loses to BFP, filing a lis pendens regarding lawsuit to enforce that contract will not suffice to establish priority??
8/21 When right of refusal is exercised, must optionee pay brokerage fees sustained by optionor??
8/24 What happens when the lender blows the technical language in the prepayment clause??
8/25 Anti deficiency policies prohibit claim for deficiency on sold out second note held by same lender on same property, even if it represents a distinct debt incurred at a different time than first
8/26 Title insurer cannot tender value of only affected property segment and avoid duty to defend. Must tender full policy amount?
8/27 Lot's too small for "mini manse." Is that a hardship justifying a space variance???
8/28 How much should we be concerned about dust and noise in a heavy industrial district????
8/31 Is value of a billboard location measured by advertising revenues????
09/01 Constructive eviction defense valid against rents assignee despite various waiver clauses and the UCC raised in defense?
09/02 Although owner retains some access to property, condemning authority may be liable if it destroys "pass through" from one access point to another?
09/03 Cold reception for MERS in Kansas Supreme Court??
09/04 Recent skirmish in the Defunct Railroad Wars???
09/08 Should a construction contract waiver of claims and waiver of subrogation extend beyond the period of construction?????
09/09 Nevada follows Restatement rule on easement modification, but the battle ain't over?????
09/10 Is filthy back yard (fenced from view) a proper subject of zoning control??????
09/11 Title Insurer must defend mechanic's lien claim on "removables."?????
09/14 Bad news gets worse - Court upholds "bad boy" clause as no penalty and not subject to liquidated damages analysis??????
09/15 Is a third party refinancing in the same amount an "extension or renewal?"?????
09/16 Double Merger Doctrine Discussion???????
09/17 Unbounded exclusives can bite - hard????????
09/18 Tenant must build and return structure to LL at lease end - but HVAC on roof is still a trade fixture. (?)????????
09/21 Personal injury claim against landlord does not support retaliatory eviction defense?
09/22 New Appraiser Liability Case Broadens the Net
09/23 Renegotiation of note may constitute waiver of claims for bank's abuse of setoff rights regarding the debt
09/25 "Temporary Commercial Impracticability" and the 2008 Financial Crisis
10/10 Setting aside foreclosure sale performed after workout agreed upon????
10/13 Long term lessee may control property tax appeal and receive refunds?
10/14 Buyer's contract and closing disclaimers do not prevent fraud claim based upon misrepresentation of size of house??
10/14 When does unneighborly conduct amount to a nuisance???
10/15 Two Tidbits - Premises Liability and Shingles Wars cases???
10/19 Title Insurer may not escape endorsement coverage by vague reference to problem document in table of general exceptions. Insurer must specify problem provisions inconsistent with endorsement???
10/19 When does state foreclosure court have jurisdiction over U.S. government tenant on foreclosure property????
10/21 Rule Against Perpetuities nullifies commercial lease renewal when it might arise during holdover period.????
10/22 Guarantor of Lease extensions gets off if extension increases rent. (?)????
10/23 Equity court creates easement from nothing. Poof!!!????
10/26 Roger Bernhardt on Equitable Mortgages and Such?????
10/28 Can Title Insurer Unilaterally Pay Less than Policy Amount and Avoid Duty to Defend??????