Recently I discussed a court ruling that was a reminder to legal counsel for commercial landlords to carefully draft leases. In Landmark HHH, LLC v. Gi Hwa Park , 277 Va. 50 (Va. 2009), the Supreme Court of Virginia held that an exculpatory clause...

With the current rash of foreclosures, scams and scam  artists are popping up all over, trying to take advantage of people already suffering through difficult  times.       Melissa A. Huelsman, Esq....

If a local zoning code does not protect the water view from your home from obstruction by the construction of a “McMansion”, can you turn to the federal courts for relief? A federal court ruled this summer in Puckett v. City of Glen Cove , 2009...

A federal judge has ruled against an increasingly common practice of real estate brokers in Vicki Busby v. JRHBW Realty, Inc. , 2009 U.S. Dist. LEXIS 41720 (N.D. Ala., Apr. 20, 2009). The District Court ruled that the charging of unearned administrative...

The obligation to mitigate damages for the breach of a contract is a staple of hornbook law. This obligation is so ingrained in our system of jurisprudence that most jurisdictions have refused to enforce contractual waivers of the obligation to mitigate damages....

Federal Reserve Chairman Ben Bernanke announced that in 2007 there were 1.5 million home foreclosures, up 53 percent from 2006, and it looks as though 2008 the rate of new foreclosures will be even higher. One of the issues debated in Congress is whether...

The U.S. Supreme Court decision in Kelo v. New London, Conn. —affirming the right of governments to use the power of eminent domain to take private property for private economic development projects—was the most controversial condemnation case...

Subprime loans made to higher-risk borrowers are roiling the mortgage market because rising interest rates and stagnant or declining home values have led to trends similar to the following:   • Soaring subprime mortgage defaults and foreclosures....

New York has enacted legislation to protect owners of distressed properties from predatory practices by purchasers. In his Expert Commentary, Alfred C. Tartaglia discusses the Home Equity Theft Prevention Act, its effect on title insurance, and its application...

Robert M. Jaworski analyzes the "perfect storm" that has hit the subprime mortgage industry--including what caused the storm and what the effects of the storm have been. Mr. Jaworski writes:         Speculation...

Real estate law, also referred to as real property law, involves rights to own, use, encumber, and transfer land and permanent additions (such as buildings) attached to the land. Due in part to the importance of real estate to our culture and economy, real...

Drafting, reviewing, or negotiating documents/forms (e.g., purchase and sale agreement, commercial or residential lease). Representing a party in litigation (e.g., a landlord or tenant in an eviction action; a builder or homeowner in a construction...

Forms (unofficial) (e.g., lease; purchase and sale agreement; deed; CC&Rs; easement agreement). Forms (official) (e.g., IRS; HUD; forms issued by state agencies regulating real estate brokers/agents, subdivisions, condominiums, etc.; forms...

The LexisNexis® Bookstore provides the most comprehensive collection of legal research products available on the web, with the full LexisNexis Publishing TM line of Matthew Bender®, Michie TM , and Shepard's ® products available to assist...

Take your clients forward with the new Lexis® Transactional Advisor, combining due diligence tools, analysis and practice capabilities—all in one solution. At the Real Estate Practice Center, you can Track Emerging Issues...