2010 DAILY DEVELOPMENT FILES

JANUARY

• 01/15 Authority may not exceed market rent, even for wealthy tenant it cannot evict
• 01/21 "Guarantor" next to Tenant's President's name in lease does not make President a guarantor

FEBRUARY

• 02/01 Uses of implied easement can grow and residential use implicitly includes underground utilities
• 02/02 Landlord's double rent claim a winner for late opening by tenant
• 02/03 Recording of sale agreement containing promise to grant an easement creates such easement even where the deed is silent
• 02/10 A tale of chutzpa in seeking reformation of one's own deed
• 02/12 Predatory Lending or Practical Economics for Borrowers??
• 02/13 Delay in making inverse condemnation/regulatory takings claim, invokes Statute of Limitations - no claim remains
• 02/15 Settlement agreement on rent need not satisfy the Statute of Frauds, even when apparent intent is to terminate lease
• 02/16 Parol evidence will not avail homeowner who signs unequivocal contract guaranteeing subcontractor payment.
• 02/17 Foreclosure purchaser has no claim against foreclosing lender for unnamed junior parties.
• 02/18 Must you live there to claim it as a homestead?
• 02/19 Faulty foreclosure sells one property when two were intended. What to do?
• 02/22 Attorneys fees in clearing slander of title
• 02/23 Can't get a liquor permit? Dump the lease? (A rare case.)
• 02/24 Optionor under right of refusal can eliminate optionee by tendering a deal for property in addition to the original property and conditions that increase the price tenfold (?)(!)
• 02/25 When a subcontractor hires and pays subcontractors, is that "work" performed on the project by the first
• 02/26 Another option bites the RAP dust

MARCH

• 03/01 Insurance appraisals may also determine causation.
• 03/04 Foreclosure sale an avoidable preference despite In re BFP?.
• 03/08 Holdover tenant stays a tenant, and not an AP, after years of no rent.
• 03/09 Possession of note is sufficient to support foreclosure even where assignment .
• 03/23 Court protects mortgagor and raises standing claim to dismiss mortgage.

APRIL

• 04/20 New case on easement blockage tests limits
• 04/21 Does condemning authority's notice of intent preclude development, application for variance?
• 04/22 Stupidity is a defense to slander of title claim
• 04/27 New York Trial Court gives mortgage guarantors a ray of hope on "bad boy" clauses. .

MAY

• 05/04 Gift of Public Funds decision may affect tax increment financing, other public/private deals
• 05/06 Roommie, Oh Roommie!! GET THE H*** OUT!!!
• 05/07 New York Construction Lender Enjoined to Loan - Exceptional Case

AUG

• 08/30 Short term landlord is liable for defects on premises of which landlord is unaware
• 08/31 Two cases refusing enforcement to contract clauses to arbitrate.

SEP

• Liability of title insurer for closing attorney's defalcation
• 09/01"Derivative equitable subordination?" Not in Colorado.
• 09/01 Article "Derivative equitable subordination?" Not in Colorado.
• 09/02 Strong arm avoidance doesn't work against defectively notarized mortgage if proper notice of default has been recorded and provides constructive notice.
• 09/03 Are new adverse possession laws retroactive against unadjudicated claims?
• 09/07 "Quarry Expansion" cases may also apply to landfill cases and nonconforming use analysis.
• 09/09 Mortgage priority for protecting security works in Tennessee despite optional nature of advance.
• 09/09 New foreclosure standing cases focuses on note possession.
• 09/10 Assignment of rents binds foreclosure purchaser without activation.
• 09/13 Court has "inherent equitable authority" to cut down deficiencies following inadequate sale.
• 09/16 "Tossing the keys" does not avoid tenant liability.
• 09/27 Liability of title insurer for closing attorney's defalcation.