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Features
Before investors get too carried away by the news of recovery in commercial real estate, they should pause to ask themselves, "what are we recovering from?"
Columns & Departments
Residential Owners Have Claim for Inadequate Quality of Hotel Unit
Features
The South Florida office market has seen a shift due to COVID, with some downsizing and modifications of office buildings, but the influx of new potential tenants has helped mitigate any potential downsides other markets may have seen.
Features
Because the Second Circuit held that a bare violation of New York's Mortgage-Satisfaction-Recording Statutes without a demonstration of actual injury conferred federal jurisdiction, a mortgagor now has the ability to bring a class action in federal court.
Columns & Departments
Tenant Did Not Establish Fraud to Warrant Application of DHCR's Default Formula Four-Year Lookback Rule Applied to Rent Determinations But Not to Determination of Rent-Stabilized Status Tenant's Impossibility and Frustration of Purpose Defenses Rejected Tenant's Frustration of Purpose Claim Survives Neutral Appraiser Entitled to Examine Previous Appraisals
Features
A South Carolina appellate court recently affirmed a trial court's decision that a landlord had tortiously interfered with a sublease by terminating the master lease after a fire damaged the subject building and such landlord was liable to the subtenant for punitive damages.
Columns & Departments
Exclusion for Zoning Regulations Bars Title Insurance Claim Transfer of Residential Properties Not a Fraudulent Transfer Property Owner on Constructive Notice of City's Relocation Lien Fraudulent Transfer Finding Upheld
Features
The Second Circuit recently held that a bare violation of mortgage satisfaction recording statutes without a demonstration of actual injury conferred federal jurisdiction, meaning that a mortgagor now has the ability to bring a class action in federal court. Thus, statutes designed to be merely remedial in nature can now be used punitively against lenders and servicers.
Columns & Departments
Summary Judgment Premature on Discrimination Claim Defect In Recording Insufficient to Defeat Mortgage Priority
Features
New cannabis businesses will need to lease commercial space in order to operate — and undoubtedly, many real estate owners are eager to meet this new demand. However, owners and prospective cannabis businesses have many legal issues and questions to consider before entering into lease agreements.