Real Estate Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Real Estate.

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Italian Inheritance Rights Depending on Your Marital Status

  December 18, 2012     By De Tullio Law Firm
It is always a difficult topic to address when one talks about the death of a spouse: this article aims to clarify some of the issues people living in Italy may have if they find themselves in the situation of inheriting property or assets under the Italian Legal system.

Wischmeyer Professional Service Access Plans

  December 6, 2012     By Wischmeyer Law Office
The world of law, tax and real estate continue to become more and more complex. Costs can be a strong deterrent to a person seeking professional advice. Wischmeyer Professional Services Access Plan allows employers to provide valuable resources to their employees at minimal cost and can even benefit themselves. Access to free consultations with an attorney, accountant or real estate agent with discounts if services are needed for professional resources and services.

California's Homeowner Bill of Rights

  December 4, 2012     By Law Offices of Salar Atrizadeh
In January 2013, the California Homeowner Bill of Rights will take effect, providing unparalleled protection for homeowners across the state. This Bill, which is the first of its kind, will reform the foreclosure process and provide unique protection for homeowners.

As the FED Buys $40 Billion Worth of Mortgages a Month, Homeowners Need to Pay Attention

  December 3, 2012     By Oaktree Law
Will the FED's actions affect you?

I Owe More than My House is Worth and Waiting on the Bank to Threaten Foreclosure --- What Can a Homeowner Do?

  December 1, 2012     By Wischmeyer Law Office
The United States is going through one of the worst recessions since the Great Depression. Bankruptcy filings have increased, unemployment is high and home values have decreased exponentially since 2007 highs. Many home owners are finding they have a lot of debt, a house that is not worth what they owe, no ability to refinance and no ability to sell a home because they owe more than it is worth.

Buying and Selling Real Estate in Jamaica: a Guide for Locals and Foreigners

  November 26, 2012     By Banjoko McGlashan Wieslaw
Buying and selling real estate in Jamaica is marked by the absence of standardized contract. In fact, the process is attorney driven. What looks to be a simple procedure can be quite intimidating. The time for completion is usually set at 90 days if a mortgage is involved and 60 days if the transfer is a cash deal.

Government Agency Established to Curb Large Banks from Committing Fraud Is Now Targeting Homeowners

  November 21, 2012     By Oaktree Law
Learn how a federal agency, made to protect homeowners, has now turned on them.

Contractor-Friendly PA Mechanics' Lien Change

  November 7, 2012     By The Martin Law Firm, P.C.
A recent Pennsylvania Superior Court decision may have very well changed the PA Mechanics’ Lien Law dealing with repayment priority, to the benefit of the contractor, when a construction project takes a wrong turn. A mechanic's lien is a security interest that is placed on the title to property for the benefit of those who have supplied labor or materials that improve that property. 49 P.S. § 1101 et seq.

Hungary to Offer Investment-based Permanent Residency for €250,000

  November 7, 2012     By VJT & Partners
A major development in Hungarian immigration policy affecting ’investor residency’ is anticipated imminently. On 27th October, 2012 the ruling party of Hungary submitted a Bill to Parliament, which would offer permanent Hungarian residency under preferential conditions for non-EU national investors willing to buy at least €250,000 of government bonds. The Bill is currently under consideration and is expected to become law very soon.

Condominium Issues in the Purchase of an Apartment in Malta – What to Look Out For

  November 7, 2012     By Mamo TCV Advocates
If you are considering purchasing an apartment in Malta, among your enquiries you should consider what to look out for as far as condominium issues are concerned. Although this note refers to ‘apartments’, it is worth noting that the Condominium Act uses the term ‘units’ ( or ‘tenements’) and not apartments. A condominium might include a shop or an office.

The United Nations Convention on Contracts for the International Sale of Goods (CISG)

  October 24, 2012     By Zorlu Law
Formation of the contract under the Vienna Convention on Contracts for the International Sale of Goods 1980 (CISG) in comparison with Turkish Code of Obligations. 1 – General - The United Nations Convention on Contracts for the International Sale of Goods (CISG) was signed in Vienna on 11th April 1980 by the United Nations and entered into force on 1st January 1988.

Doing Business in the Republic of Trinidad and Tobago, Legal Series

  October 22, 2012     By Hove and Associates
Introduction - The concerns of our clients are always paramount and it is for this reason we have embarked upon the “Doing Business in the Republic of Trinidad and Tobago” Series of Legal Article - During this series our Attorneys will be giving you a brief insight into the areas of law which from our professional experience, touches and concerns businesses and individuals wishing to establish themselves within our borders.

Singapore Business Law - Refinancing (Money Saving Tip)

  October 19, 2012     By Chris Chua & Associates
The recent economic downturn have resulted in many of us tightening our belts. For most of us, this means having to forgo our annual overseas holidays, having to downgrade from going to restaurants to having our family meals at food court. Everyone is looking for ways to reduce their spending. We often overlook the very obvious method (and also substantial) savings through refinancing.

Certificate of Feasible Function under Local Regulation of DKI Jakarta Number 7 of 2010 on Building - Indonesia

  October 16, 2012     By Leks&Co
Building utilization is an activity of utilizing a building in accordance with the functions which is specified in the building construction license including maintenance, and periodic inspections activity. Building utilization can only be performed after the owner of the building obtains Certificate of Feasible Function.

Governor Regulation of DKI Jakarta Number 38 of 2012 on Green Building - Indonesia

  October 16, 2012     By Leks&Co
Local Government of DKI Jakarta has issued the Governor Regulation of DKI Jakarta Number 38 of 2012 on Green Building (“Governor Regulation No.38/2012“) the regulation regulates the implementation of the concept of energy efficiency and environmentally buildings. Green building means a building that is responsible against environment and resource efficiency since the planning, construction, utilization, maintenance, until deconstruction (Article 1 number 11 of Governor Regulation No.38/2012).

What You Should Know About Buying a Home

  September 18, 2012     By The Law Offices of Ira S. Newman
Introduction Home ownership can provide you with many benefits: secure shelter, a long-term investment and tax advantages. However, a home is also a major financial commitment. There are ways to avoid costly mistakes that can strain your budget and your patience. This pamphlet contains tips to help you avoid problems when buying a home.

Minors and Conveyances

  September 17, 2012     By Pohl & Short, P.A.
Mary Smith contacted me to assist her in the sale of a vacant lot owned by both Mary and her son, Michael. Mary originally went to a local title agency and was advised that she cannot complete the sale because her son is a minor – i.e., under the age of 18 years. Mary owns a 50% interest in the property, and her 17 year old son, Michael, owns the remaining 50% interest. They have a Buyer ready to purchase the lot for $25,000.00.

Judicial Foreclosure Creates Conflict for Redemption Rights and Fair Market Valuation

  September 14, 2012     By Jaburg Wilk
Arizona borrowers have two foreclosure options: non-disclosure (aka trustee sale) and judicial foreclosures. Arizona borrowers are not accustomed to judicial foreclosures, as the vast majority of foreclosures in Arizona are non-judicial. However, there are both legal and strategic reasons why a lender might choose judicial foreclosure over a trustee sale.

Buying Property in Cyprus – Guidelines to Prospective Foreign Buyers

  September 14, 2012     By N. Pirilides & Associates LLC
In the Republic of Cyprus, a foreigner can easily proceed with the acquisition of immovable property. There are three stages which have to be followed in order for such acquisition to be effected. The first stage is the drafting and the execution of an Agreement for the acquisition of immovable property.

Taxation Aspect of Property Sale and Purchase - Indonesia

  September 1, 2012     By Leks&Co
Business sale and purchase of property has been demanded by many people. In performing the business sale and purchase of property, it does not only need an agreement between seller and buyer, but there are things that shall be performed by both parties as one of the obligations to State. The relevant obligation is payment of a tax in acquisition of property that should be performed by buyer and seller.

Law Number 20 of 1961 on Revocation of Rights of Land and the Objects over the Land - Indonesia

  September 1, 2012     By Leks&Co
Under Article 1 of Law Number 20 of 1961 on Revocation of Rights of Land and/or Objects Over the Land (“Law No.20/1961”), President in an urgent circumstance after hearing the Minister of Agrarian Affairs, Minister of Justice and the related Minister may revoke the rights of land and/or objects over the land.

Bankruptcy vs. Loss Mitigation

  August 22, 2012     By The Neustein Law Group, P.A.
There are differences between bankruptcy and loss mitigation when it comes to solving your mortgage problems. A Broward County foreclosure attorney explains. When you are facing foreclosure, you may consider alternative measures such as bankruptcy or loss mitigation. It is important to understand the differences in evaluating which option might be best for you.

Top Tips About Binding Arbitration Clauses

  August 20, 2012     By Jaburg Wilk
The traditional method to handle a contract dispute has been to use the court system which has a long process and can be very expensive. Another alternative is binding arbitration which uses an outside third-party known as an arbitrator to hear, consider and decide the dispute. When faced with a contract dispute, parties frequently hire attorneys and use the court system to resolve their dispute.

Leases for Medical Offices

  August 8, 2012     By Matt Dickstein, Business Attorney
Medical offices need special lease provisions. All leases need negotiation and revision, but leases for physicians need a little more. In this article, I discuss some advanced lease provisions that medical practices frequently need. For a basic explanation of commercial leases, refer to my article Understanding Commercial Leases.

How Do You Join a Class Action Lawsuit in Canada?

  July 30, 2012     By Siskinds The Law Firm
A class action lawsuit is brought collectively by a large number of people who harbor the same legal complaint against the same defendant. Products liability is a common area in which class action lawsuits are commenced. In general, you don’t have to “join” a class action lawsuit to participate.

Compensating for Lost Property in the Turkish Republic of Northern Cyprus (TRNC)

  July 26, 2012     By Michael Chambers & Co. LLC
The aftermath of the 1974 occupation by Turkey of the northern part of Cyprus and subsequent division of the island is still keenly felt by citizens of both the Republic of Cyprus in the south and the Turkish Republic of Northern Cyprus (TRNC) in the North.

Check List for Acquiring Landed Property in Ghana

  July 22, 2012     By AB Lexmall & Associates
The number of land disputes pending at various courts in Ghana bears testimony to the problems surrounding land acquisitions. One false step in the acquisition process has the potential to lock the buyer in an expensive and never ending litigation in Court. This article provides some practical steps a potential purchaser can follow to reduce the risk of litigation

Do I Need a Real Estate Lawyer in Seattle to Build a New Home?

  July 20, 2012     By DC Law Group
It has become widely accepted that it is important to have a real estate lawyer Seattle when you are buying an existing home. After all, you will need a real estate lawyer Seattle to help you to negotiate a purchase and sales agreement with the seller and to make sure the agreement contains the appropriate protective clauses.

Renter’s Have Rights

  July 19, 2012     By Ankin Law Office, LLC
Have you ever rented an apartment for yourself or one of your kids and wondered if all your rights are being protected and respected when moving into a new apartment? The relationship between a landlord and renter is based on trust and respect. Yet many people feel that their landlord took too long to fix something in their unit or that they have been scammed out of their security deposit at the end of the lease.

The Breaking, Separation, and Merging of Land - Indonesia

  July 13, 2012     By Leks&Co
Background - The regulation on breaking, separation, and merging of land is contained in the Government Regulation Number 24 of 1997 on Land Registration (“GR No. 24/1997“) and the Agrarian State Minister Regulation/Head of National Land Agency Number 3 of 1997 on the Implementation of Government Regulation Number 24 of 1997 on Land Registration (“Agrarian State Minister Regulation No. 3/1997“).

Summary of the Local Regulation of DKI Jakarta Number 7 of 2010 on Building

  July 13, 2012     By Leks&Co
Background - The Province of DKI Jakarta is the one of the biggest city in Indonesia. As the capital city of Indonesia, DKI Jakarta provides various kinds of service to the public. One of its services is related with building development licenses. Along with the times, the Indonesia Government has set out regulation on Building, namely Law Number 28 of 2002 on Building ("Law No. 28/2002").

Doing Business in the Dominican Republic

  July 5, 2012     By Mesa & Mesa Law Firm
Dominican Republic has best legal framework for the Foreign Investment - Legal System - The Constitution of the Dominican Republic defines the government system as being democratic, republican and presidential. It also provides that the exercise of power is divided among three independent branches: executive, legislative and judicial.

Legal Aspect of the Grant of Right to Build or Right of Use Over the Right of Ownership Land - Indonesia

  July 5, 2012     By Leks&Co
Under Article 35 paragraph (1) of Law Number 5 of 1960 on the Principle Provisions of Agrarian (“Agrarian Law”), it is stated as follows: “Right to Build is right to establish and to have buildings over land that is not his own, with a maximum period of 30 years.”

Know Your Forms - A Step by Step Guide to the HUD-1

  June 28, 2012     By The Burger Law Firm
The HUD-1. With every refinance transaction you will need to review and sign a HUD-1 form – also known as a settlement statement or just the HUD. The HUD is a breakdown of all the costs associated with your refinance.

Recommendations for a Foreign Retailer in Ukraine

  June 26, 2012     By Avellum Partners
From the moment foreign investors enter Ukraine they face a “non-Western standard” business environment, confusing and unstable legislation, and bureaucracy. One would need to spend a lot of time and effort to get a clear understanding of the local “rules of conduct”. That is why many investors prefer to have a local partner rather than be on their own.

Can You Really Become a Lord of the Scottish Highlands for Less than $50.00?

  June 21, 2012     By Halliday Campbell WS
Some would have you believe that Scots law allows anyone to be the Lord of, if not all he surveys, at least a square foot of the Scottish Highlands. One site advertises souvenir plots “from just £29.99” and claims that, in return, you can use a clan crest, coat-of-arms and tartan. By “Scottish tradition”, it says, ownership of the plot “legally allows” you to use the courtesy title of Laird, Lord or Lady. But what is the legal truth behind these offers of instant ennoblement?

Overview of Immigration Program for Investors in Dominican Republic: How apply for Residence and Citizenship

  June 20, 2012     By Mesa & Mesa Law Firm
Every citizen, no matter the country of origin, can apply for the Dominican residence and then for citizenship, providing that fulfills all requirement set forth by Dominican state for those purposes.

Foreign Ownership of Immovables - Turkey

  June 19, 2012     By Herdem Attorneys at Law
The Turkish Parliament has enacted a law, Law No 6302 (“Law”) that enables foreigners to buy real estate in Turkey in line with the interests of the country. Accordingly, compliance with legal restrictions, provided that the interests of the country where this is justified in terms of international bilateral relations established by the Council of Ministers, citizens (individuals) of foreign countries may acquire immovable property and limited real rights in Turkey.

How Bankruptcy Can Help Foreclosure

  June 12, 2012     By The Law Office of Jon M. Cooper, A.P.C.
Facing foreclosure is never easy, but there may be alternatives. If your lender is not willing to negotiate short sales or a loan modification, filing for bankruptcy may be able to help you avoid foreclosure. Many American families are unable to keep up with their mortgage payments. In some cases, money lenders are willing to let their borrowers file for loan modification or short sales.

The Legal Status of Parking Space under Condominium Law - Indonesia

  June 11, 2012     By Leks&Co
Condominium is a multilevel building which is built in an area that is divided into sections which are structured functionally, whether horizontally or vertically that constitutes as units in which each can be owned and used separately, mainly for housing complemented with common equipment (bagian bersama), common facility (benda bersama) and common land (tanah bersama). Condominium is regulated in the Law Number 20 of 2011 on Condominium (“Law No. 20/2011”).

Summary of Minister of Public Housing Regulation Number 06/PERMEN/M/2009 - Indonesia

  June 11, 2012     By Leks&Co
Background - The purpose of the issuance of Regulation No. 6 is to implement the provisions of Article 7 paragraph (2) and paragraph (3) of Presidential Regulation of the Republic Indonesia Number 27 of 2009 on One Stop Integrated Services.

Michigan Tax Tribunal Undergoes Procedural Changes

  June 6, 2012     By Fahey Schultz Burzych Rhodes PLC
For various reasons relating to the increase in property tax appeals in recent years, the Michigan Tax Tribunal has found itself in a position where numerous procedural changes are necessary in order that it might keep up with claims. The following article addresses these changes.

Zoning Restrictions in Commercial Developments

  June 6, 2012     By Bonnie Stokes Soria, P.C.
With the constant development that occurs in real estate, zoning restrictions are placed on what can be built and how it can be used in a certain area. Commercial developments are a wide reaching issue in a world that is always looking to expand. Real estate in California is sought after by many looking to gain a spot of their own along the golden coast.

Can a Real Estate Lawyer in Seattle Help with a Lease?

  May 31, 2012     By DC Law Group
If you own property and you wish to rent it out to residential or commercial tenants, you may be uncertain of how to get started or of what type of help you need. One question that you may have is whether a real estate lawyer Seattle can assist you with your lease. Likewise, if you are a commercial or a residential tenant who is about to enter into a leasing agreement, you may be uncertain as far as where to turn for legal advice and guidance.

The Procedure for Foreigners to File a Lawsuit or Initiate a Collection Proceeding in Turkey

  May 24, 2012     By Barlas Uyar Eraslan Law Firm
In the event that the individual or the legal entity that has conferred power of attorney to a lawyer in Turkey files a lawsuit or initiates a collection proceeding, he is under the obligation to provide collateral. However, the citizens or legal entities of the listed countries are excluded.

Draft Version of the Code Regarding the Property Purchase by Foreigners in Turkey

  May 24, 2012     By Barlas Uyar Eraslan Law Firm
Following the said draft becomes law upon the decision of the parliament; foreigners will be able to purchase property from all sides of Turkey provided that they comply with the legal limitations. It should be noted that, the condition of reciprocity is removed for the property acquisition of foreigners with the Draft Version. The maximum area to be purchased by a foreigner is increased from 2,5 hectares to 30 hectares with the condition of a project.

Using Your Traditional IRA to Buy a Home

  May 23, 2012     By Norrie & Associates
For many individuals, buying their first home is difficult because of the need to save up enough money to make the initial payment or to cover the closing costs. However, you may be able to use funds you saved in your traditional IRA to buy a home without incurring the 10% early withdrawal penalty (but you will probably still have to pay the regular income taxes on the distribution).

About Common Construction Defects

  May 23, 2012     By Manly, Stewart & Finaldi
Builders will often have to deal with alleged construction defects that can cause serious litigation issues. From problems with installed air conditioning to weak structural framing, the common defects that are seen in the construction industry can cause serious problems in real estate law.

General View Over the Provisions Applied to Leases of Real Estate within Turkish Code of Obligations No. 6098

  May 22, 2012     By Ongoren Law Office
1. Upon the legitimacy of the New Code of Obligations, what kind of a legal arrangement regarding the Real Estate Leases has been enacted? - The Law on Real Estate Leases numbered 6570 shall be vanished upon inurnment of the provisions embodied in the context of the Turkish Code of Obligations (T.B.K) numbered 6098 as of the date of 01.07.2012.

The Basics of the Home Affordable Refinance Program (HARP)

  May 20, 2012     By Law Office of Jason Ostendorf LLC
This article covers the eligibility criteria for homeowners who wish to lower their interest rates and monthly mortgage payments through the Home Affordable Refinance Program (HARP). Although the country is showing signs of recovery from the economic crisis of 2008, many Americans are still feeling its effects. One wide-spread problem concerns the large number of “underwater homes”, or homes as to which the homeowner owes more on the mortgage than the property is worth.

Before You Hire a Condemnation Attorney Ask These 9 Questions

  May 17, 2012     By Fisher Stark Cash, P.A.
When the government has condemned you land this is often referred to as eminent domain. When faced with eminent domain, you should consider obtaining the assistance of a condemnation attorney. Before you choose a condemnation lawyer to represent you, there are some questions that you may want to ask the attorneys you are interviewing:

Do I Need a Seattle Real Estate Lawyer to Invest in Real Estate?

  May 14, 2012     By DC Law Group
If you are considering purchasing investment property, rather than a primary residence, getting help from a Seattle real estate lawyer can be especially essential to ensuring that you make a wise and informed choice. A Seattle real estate lawyer will assist you with all aspects of the transaction and will help you to do your legal due diligence before you buy the property.

Ukraine’s Foreign Investors and the Lifting of Farmland Moratorium

  May 8, 2012     By Frishberg & Partners
Ukraine has long been called “the bread-basket of Europe,” and for one excellent reason: its fertile, black soil. The estimated value of this treasure is anywhere between 40 and 80 billion dollars. The only problem with investing in such an obviously profitable business was an artificial bureaucratic/legislative barrier commonly known as the “moratorium on alienation of farm land” (the “Moratorium”).

Tenants' Classical Questions on the Consumer Protection Act in South Africa - Jan 2012 (Part 2)

Can my deposit be used for my last months rental and other obligations to the landlord?

Landlords' Classical Questions on the Consumer Protection Act in South Africa - Jan 2012 (Part 1)

Is it true that my tenant can in terms of the Consumer Protection Act (“CPA”) now cancel the lease by giving 20 business days’ notice, even if it is in the initial fixed term of the lease?

Real Estate Investments in Ghana II

  May 1, 2012     By AB Lexmall & Associates
This article provides an overview of the booming real estate market in Ghana. The article looks at some latent problems in the sector and how statutory intervention can be used to accelerate growth in the real estate industry. It is an expansion of an earlier written article.

Right of Set-Off on Unrelated Projects

  April 30, 2012     By Pohl & Short, P.A.
Frequently, general contractors will work with the same subcontractor or supplier on two separate, unrelated projects. When that happens, the situation may arise that on the first project (Project A), the subcontractor defaults on its contract, resulting in a back-charge that exceeds the subcontractor's contract balance, i.e. the subcontractor owes the general contractor money.

Power of Attorney - Revisited

  April 30, 2012     By Pohl & Short, P.A.
In previous issues of this magazine, I covered the use of a Power of Attorney (a “POA”) in real estate transactions for those situations in which a party (the “Principal”) is not available to sign documents at a closing and appoints a third person, known as the Attorney-in-fact (“AIF”), to sign on his or her behalf.

Purchasing Real Estate Property in the Dominican Republic: The Due Diligence Process

  April 29, 2012     By Arthur & Castillo
Persons, be either Dominican nationals or foreigners desiring to buy, resell or in any way dispose of real estate in the Dominican Republic should note that Dominican Republic real estate laws and regulations particularities make it preferable to conduct a due diligence and review process through independent counsel in order to verify legal and tax status of the property before any formal decisions or payments are made.

How Will California’s Senate Bill 53 Affect a Broker’s In-House Escrow Services On July 1, 2012?

  April 27, 2012     By Kushner Carlson, PC
Learn how California’s Senate Bill 53 will change escrow law and how broker’s in-house escrow services must adapt. A number of real estate brokers in California figured out a long time ago that they could make more money by utilizing their own in-house escrow services (i.e. “broker-controlled” or “non-independent” escrows) instead of turning business over to more traditional “independent” escrow companies.

Adjudication of Land Registration - Indonesia

  April 26, 2012     By Leks&Co
Definition of adjudication based on Article 1 point 8 of Government Regulation Number 24 of 1997 on Land Registration (“GR No.24/1997″) is “activity which is performed in the process of land registration for the first time, including collection and determination of the fact of the physical data and juridical data concerning one or more objects of land registration for the purposes of its registration”.

Acquiring Property in Greece - Buying Property in Greece

  April 16, 2012     By Konstandinidis & Associates
If you are planning to acquire real estate in Greece you have to set a perfect plan in order to put everything in the right place and to avoid any surprise. First and most crucial move is to find a specialized in Property Management or Real Estate Law Firm and a Real estate agent who will guide you step by step in the whole transaction.

Homeowner's Do Not Always Have to Tender (Pay Mortgage) Before Suing the Bank!

  April 9, 2012     By Rydstrom Law
Wrongful Foreclosure; Wrongful HAMP Denial: No tender is required to enjoin a foreclosure sale prior to the sale, in the event of [the bank’s] non-compliance with Civil Code § 2923.5 (Mabry v. Superior Court (2010) 185 Cal. App. 4th 208). However, even after the sale, a void, fraudulent or mistaken foreclosure process, sale or trustee’s deed can be set aside [or further enjoined].

Italian Lawyers, Italian Attorneys or Avvocati? - How to Qualify to Practice Law in Italy

  April 9, 2012     By Giambrone Law
The Italian term “Avvocato” (from Latin “advocate”) is normally translated with similar equivalent terms in the English language, namely with the expressions “Italian lawyer” or “Italian solicitor” in England, Wales and Ireland or “Italian attorney” in the United States.

Be Bold During Commercial Lease Negotiations

  April 5, 2012     By Jaburg Wilk
A depressed commercial marketplace has resulted in a tenant’s market. Frequently, the lease terms for "Mom and Pop" shops are spelled out in the lease’s boilerplate provisions. Consider various scenarios and determine who – the landlord or tenant – is in the best position. By: Valerie Marciano, Esq.

Foreclosure Defense Basics

  April 1, 2012     By Law Office of Jason Ostendorf LLC
This article details the basics of representing the homeowner facing a Maryland foreclosure. With the continued economic crisis, it is important for lawyers to know how to represent a homeowner in foreclosure. While much discussion has been devoted to deeds in lieu of foreclosure, short sales, and other ways to help a homeowner exit their home, not much discussion has been devoted to how to challenge a wrongful foreclosure. This article covers the basics.

Evading Difficulties When Buying Property in Cyprus

  March 28, 2012     By Michael Chambers & Co. LLC
Each year hundreds of buyers are attracted to purchasing real estate on the island of Cyprus. With a system of registered land and a legal process broadly based on that of England and Wales, buying a property in Cyprus is relatively straightforward. In this article we will outline some simple precautions that a purchaser of property in Cyprus can take in order to protect his investment and ensure that his acquisition proceeds as smoothly as possible.

The Costs of Purchasing Property in Cyprus

  March 21, 2012     By Michael Chambers & Co. LLC
When buying property in Cyprus there are a number of additional costs and taxes of which every buyer should be aware prior to committing to an acquisition. It is extremely important that a potential buyer plans for and takes into account each of the following incidental costs that will occur when buying property in Cyprus.

Spring Housing Market in Chicago Sprouting New Growth

  March 15, 2012     By Law Office of Al Beaudreau, Ltd
With the spring buying season quickly approaching, both buyers and sellers are wondering what the new season will have in store for the housing market in Chicago. According to a new report, the landscape for the housing market may not be as daunting as past seasons. The number of homes for sale has been slowly declining, giving both buyers and sellers a little more confidence and helping list prices stabilize.

Disputes over Boundary Lines

  March 15, 2012     By Ross & Pines, LLC
Property records are not always clear when it comes to defining the boundary lines that belong to the owner. Due to the vagueness, many boundary disputes can arise. When your property sits along the line of another person’s property questions may come up as to how far each of your line of ownership extends.

Tips on Avoiding Bankruptcy and Foreclosure

  March 15, 2012     By Bryan Diaz Law, P.C.
Are you overwhelmed by debt? Filing for bankruptcy is not your only option! Through loan modification, short sale, or debt settlement, you could get your life back on track. Although some experts are hopeful that the economy is improving and will continue to improve, many families across the U.S. are still feeling the negative effects. Some have lost their jobs, others, their homes.

Dual Tracking is Expected in Ohio

  March 9, 2012     By The Law Office of Bruce M. Broyles
Plaintiffs in Foreclosure litigation will continue to proceed with the foreclosure litigation despite having a loan modification application pending. I recently read a post regarding the California Act that will prohibit Banks from "dual tracking" foreclosure cases. This term of art that is developing describes the situation in which the Bank continues to work with the Homeowner to modify the mortgage while also proceeding with the foreclosure action.

Impact of Online Video Distribution

  March 9, 2012     By Carl Kandutsch Law Office
Nationwide Telecommunications attorney Carl Kandutsch asks: Is online video distribution impacting cable subscription numbers? While it’s tempting to attribute these losses as an indication that online video or “over-the-top” or “OTT” video distributors are finally poised to take significant market share away from traditional MVPDs, the Kagan report points to a weak economy with high unemployment as the primary drivers.

How to Avoid Commercial Lease Disputes

  March 8, 2012     By Fisher Stark Cash, P.A.
The top 10 essential elements of a commercial lease... Most people are pretty familiar with the concept of leasing; most people experience leases when they rent an apartment or a car. Commercial leases are almost no different; they just involve space for a business. Commercial leases in Western North Carolina are frequently used to rent an office of warehouse.

Defining Blight

  March 8, 2012     By Fisher Stark Cash, P.A.
When the government wants to take your land it may be because of blight. When the government wants to take your property under Eminent Domain Laws, they can do so as long as the property they take is used for public purpose; roads, highways, etc. Or, they can take it to eliminate blight and economic development simply becomes a secondary outcome.

When House Flipping Turns Illegal

  March 7, 2012     By Shelley Rizzotti, Attorney at Law
Flipping a house is a practice that has been done by many. While it can be done effectively, providing those who take the time to do it fast and beneficial rewards, it can also be done illegally in some cases, crossing legal guidelines that are imposed by the government.

Land Registration Activity - Indonesia

  March 6, 2012     By Leks&Co
Background - Definition of land registration in Government Regulation Number 24 of 1997 on Land Registration (“GR 24/1997”) constitutes perfection of scope of the land registration based on Article 19 paragraph (2) of Law Number 5 of 1960 on the Principles Provision of Agrarian (“Agrarian Law”) which includes; measurement, mapping, land records, registration and transfer of right of land and granting of evidence instrument of right as strong evidence.

California Building Codes: What Are the Consequences of Violations Causing Personal Injury?

  March 1, 2012     By Allen, Flatt, Ballidis & Leslie, Inc
Violations of California’s building codes resulting in serious or fatal personal injury have legal consequences for those responsible for the unsafe structure, whether the homeowners, builders, or architects. An attorney cites a recent case in which code violations proved fatal for an emergency responder to illustrate the dangers of incompliance with building laws and the consequences for the parties involved.

Legal Obligations and Liabilities of Condominium Homeowners’ Associations for the Common Areas in California Law

  February 27, 2012     By Wolff Law Office
Legal obligations and liabilities of condominium homeowners’ associations under the Davis-Stirling Act under California law for the maintenance, repair and replacement of the common areas of the condominium property.

Criminal Act Related to Condominium - Indonesia

  February 23, 2012     By Leks&Co
Criminal provisions related to condominium is regulated in Article 21 until Article 23 of the Law Number 16 of 1985 (“Law 16/1985″) on Condominium. Article 21 paragraph (1) of Law 16/1985 regulates criminal sanction, that is stated:

Obligations of Paying Service Charge by the Owner of Condominium Units - Indonesia

  February 23, 2012     By Leks&Co
Each member of association of owners and tenants of Condominium units (“PPPSRS“) has rights and obligations in relation to management of Condominium units. This membership is represented by householder and shall become effective since recorded in the list of tenants and/or have been domiciled in Condominium units which held by them in accordance with the applicable provisions.

Short Sale Basics

  February 15, 2012     By The Edwards Law Firm, PL
Buying a home is one of the most significant purchases a person will make. The enjoyments of owning a home go a long way. However, it can also be a hardship if making the monthly mortgage payment becomes a burden. Making monthly payments can cause great stress, and before a person realizes it, the home may have to be sold. In situations where a home must be relinquished, a short sale may actually be a positive option.

Calculating Property Taxes into Your Budget

  February 13, 2012     By Law Office of Al Beaudreau, Ltd
It’s vital to understand how much your property taxes are going to cost before you purchase a property. If complications with your taxes arise after you have purchased your property, a real estate attorney can help you address any legal issues and find a resolution. Property tax is a tax assessed on real estate by the local government. The tax is based on the value of the property (including the land) that you own.

Due Process of Law Rights of Government Contractors who are Denied Work or Public Contract Bidding Rights

  February 11, 2012     By Wolff Law Office
Due process of law rights of government contractors who are denied work or public bidding rights due to “de facto debarment“ from federal, state or local government bidding or public contracting for alleged unethical conduct or due to bid or bidder non-responsibility determinations by a public agency on a government contract.

Substitution of Subcontractors Listed by Mistake in Bidding on a California Public Works Construction Contract

  February 11, 2012     By Wolff Law Office
Correction of subcontractor listing errors and substitution of subcontractors listed by mistake in bidding on a California public works construction contract, per public contract code sec. 4107.5.

Architectural Contracts, Disputes Architects, Design Professional Liens, Mechanics Liens and Copyrights

  February 11, 2012     By Wolff Law Office
Contracts with Architects are different from many other construction industry contracts. First of all, the contracts are usually form contracts drafted by the American Institute of Architects (“A.I.A.”), and are typically more favorable to the architects, and not the property owner or client.

Why You Need a Real Estate Lawyer

  February 10, 2012     By Law Office of Al Beaudreau, Ltd
Often times a real estate transaction involves the largest investment of your life. Having a real estate attorney involved can be the best insurance you have to ensure the integrity of our real estate transaction is protected. Whether you are buying your first home, or investing in your fifth investment property, you may be wondering if you need a real estate lawyer.

Think Again Before You Buy a Foreclosed Home

  February 2, 2012     By Law Office of Al Beaudreau, Ltd
Foreclosed homes are tempting offers for those looking to become homeowners, but people should be cautious before purchasing a home that has been foreclosed. Problems like mold, wild animals and rundown maintenance systems are only part of the trouble that you may inherit if you purchase a foreclosed home.

Property Litigation in Cyprus

  February 2, 2012     By Michael Chambers & Co. LLC
Property is one of the most valuable assets that a person or a company can own and it is perhaps by virtue of this value that property tends to attract a great deal of litigation and dispute. There are many different kinds of dispute that can occur in relation to property; in this article Michael Chambers highlights some of the most common forms of dispute and the action available to an aggrieved party seeking resolution.

Facing Foreclosure? Answers to the Top 7 Legal and Tax Questions: How to Avoid and What to Do

  February 2, 2012     By The Schachter Law Firm, P.C.
This is a collaboration between me, Adam Schachter, a bankruptcy attorney in Houston Texas, and Michael Plaks, a specialist in IRS Audits in Houston Texas. We bring you the important foreclosure questions and answers from a legal and tax perspective.

Proposed Residential Visa

  January 26, 2012     By The Law Offices of Stephen Foster
The "Residential Visa" program will provide an opportunity for people worldwide to live in the United States by purchasing a half million dollars of Real Estate. Senators Charles Schumer and Mike Lee have recently proposed a program that would allow anyone in the world to obtain a United States visa by purchasing United States real estate.

Execution of the Mortgage - Indonesia

  January 20, 2012     By Leks&Co
Background - Mortgage regulated under the Law No. 4 of 1996 on Mortgage (“Mortgage Law”). Under the Mortgage Law, it is regulated that guarantee repayment of debt through mortgage provides a feature which is called the preferred creditor/ kreditur preferen. Preferred creditor is a creditor who has priority/ privilege right more than other creditor for the debt repayment of debtor in the case of failure events receivable.

Something New on the Arizona Anti-Deficiency Front For Construction Loan Foreclosures

  January 5, 2012     By Jaburg Wilk
Arizona homeowners, for the most part, are protected from their home mortgage lenders attaching other assets such as the cash in the bank, vehicles and jewelry following a foreclosure or trustee sale of their home. By: Valerie Marciano

The Closer

  January 5, 2012     By Pohl & Short, P.A.
At a real estate closing, the closing agent has multiple responsibilities, and must rely upon the cooperation of the parties to complete his duties. He or she must determine that all title commitment requirements have been satisfied, that all documents are properly executed, that all parties have provided appropriate identification, and that funds provided for the closing have cleared – all of which must be resolved prior to disbursing proceeds and recording the documents.

Dominican Law 158-01 of Tourism Incentives for Development

  January 5, 2012     By Arthur & Castillo
The tax benefits of Law 158-01 may extend to the purchase and acquisition of Dominican Republic real estate such as second homes and vacation villas of projects located in designated tourist zones.

Real Estate Transactions in Mexico in a Nutshell

  December 30, 2011     By G&M Consulting, SC
The Mexican Constitution expressly forbids the direct acquisition of real estate by foreign individuals or foreign entities in the so-called “restricted zone”. The restricted zone comprises an area of 100 kilometers along the borders and 50 kilometers along the seashores. In this restricted zone, only Mexican individuals and Mexican companies (notwithstanding any foreign investment in them) may directly acquire land and buildings.

Foreclosure Mill Gets its Due

  December 5, 2011     By Glanzer & Associates, PC
Foreclosure is always ugly business, but public complaints from homeowners alleging sloppy research, unethical filings, and outright lies, have made law firms that specialize in foreclosure especially villainous in the public eye.

Understanding What You’re Up against When Facing Foreclosure

  November 30, 2011     By Law Office of Michael P. Forbes, PC
The foreclosure process may be intimidating but it isn’t hopeless. If you choose to fight your foreclosure proceedings, you increase the chances of remaining in your home.

Regulation Regarding Acquisition of Immovable Properties by Companies With Foreign Investment

  November 23, 2011     By Barlas Uyar Eraslan Law Firm
Purpose, Scope, Basis and Definitions

Amendments to the Incorporation Terms of Real Estate Investment Companies

  November 23, 2011     By Barlas Uyar Eraslan Law Firm
Communiqué on the Amendment to the Communiqué on Principles regarding Real Estate Investment Companies (Serial: VI, No: 26) (“Amendment Communiqué”) has been published in the Official Gazette on December 31, 2009 entered into force on the same date.

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