201611.03
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7th Cir. Rules Borrowers Alleged Enough for Standing, But RESPA Claim Failed at Summary Judgment Due to Lack of Damages

This subject is courtesy of Lexology author Richard Payne and Maurice Wutscher LLP. Essentially, to recover with respect to alleged RESPA violations concerning qualified written requests (QWRs) under 12 U.S.C. § 2605(e), it is insufficient for the plaintiff borrower to show that the defendant mortgage servicer/lender failed to properly respond to the borrower’s QWR without a causal connection to…

201607.23
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COA: Buyers had notice property was under lease | The Indiana Lawyer

Another valuable reminder: it is always prudent to conduct some form of due diligence when considering the purchase of any real estate, regardless of the type of interest being sold. At a minimum, this should include a title search – a search of the public records – which reflects various recorded interests that affect the…

201607.13
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COA orders new trial on vicarious liability issue | The Indiana Lawyer

Sony DADC US Inc. and Bradley J. Brown v. Mark Thompson, 84A01-1507-CT-892 Talk about a brain-twister…  Although the company committed to an industry certification which is often touted for a variety of benefits, it didn’t come without risks in liability. In this instance, the company altered its policies to meet standards for an industry certification – the result of…

201607.07
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Top Ten 1031 Exchange Misconceptions | First American Exchange Company

Source: Top Ten 1031 Exchange Misconceptions | First American Exchange Company 1031 exchanges are one of the most effective ways to defer taxation on the sale of real and personal property held for productive use in a trade or business, or for investment. Although compliance with the regulations may first seem complex, there is some consistency…

201606.30
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COA: Tenant does not have obligation to indemnify landlord | The Indiana Lawyer

“The Indiana Court of Appeals ruled a tenant did not have to indemnify a landlord against a woman’s personal injury claims after she filed suit against both of them.” Even though the lease provided that the tenant was required to indemnify the landlord against such actions, it was silent as to whether it included any finding of…

201506.11
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Who’s Got Your Power?

Powers of attorney come in all shapes and sizes, but how does one know which type to use, who to appoint, what powers will it include, when will it take effect, how long will it last, who are the successors to these powers, who can or must accept it, do I really need one now,…

201505.19
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Use a Broker or Lawyer When Selling or Buying Real Estate?

Which is the best choice for professional services when selling or buying a property? A broker? A lawyer? Both? None? It depends …imagine that! Unfortunately, there are no hard and fast rules for which specialists to use when selling or buying a home or other real property. If a seller or buyer is very experienced…

201505.09
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Complexity Grows for Home Purchase Lending and Closings

As result of the Dodd-Frank Act, significant regulatory changes become effective August 1, 2015. These new rules will greatly affect the home lending and sales markets in how residential first mortgage loans are presented, processed and closed. Lenders, title companies and real estate brokerage firms will bear the burden in implementation. Consumers will allegedly receive…

201505.06
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DSIRE & RETScreen – Indispensable Resources for Distributed Renewable Energy Development and Energy-Saving Improvements

According to the Database of State Incentives for Renewables and Efficiency (DSIRE) (See website here), it is the most comprehensive source of information on incentives and policies that support renewables and energy efficiency in the United States. Established in 1995, DSIRE is operated by the N.C. Clean Energy Technology Center at N.C. State University and…

201505.02
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Which Custom Home Builder? (Part 1 in a Series)

The quest in building your perfect dream home may often be chocked-full of surfing Pinterest, various architectural/building websites, driving new neighborhoods, visiting home shows and builder showrooms …maybe even considering sustainable technologies like renewable energy!  The possibilities are literally endless! But as anyone who has built a home, especially a custom home, can tell you,…