Real Estate Law News. Crime Stories, Law on News and Legal Publications in February, 2017

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DNC boots candidate from chairmanship race for criticizing Ellison's Islamic faith
The HillFebruary 1, 2017

“I'm shocked [the Human Rights Campaign] has been silent on the issue. A vote for Representative Ellison by any member of the DNC would be divisive and unconscionable, not to ... “Keith has shown first-hand his commitment to our gay and lesbian ...more »

Lynn Tilton sees more reasonable SEC under Trump
New York PostFebruary 1, 2017

The allegations were argued in a three-week administrative hearing last fall. Tilton and the SEC are awaiting a decision from Judge Carol Foelak. If the judge rules against Tilton, she hopes new ... Tilton is also hoping a ruling in December by a ...more »

Real Estate Law News and Stories

Building Codes
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How do snowbirds define their domicile?
Chicago TribuneFebruary 14, 2017

Because many things — including income tax obligations as well as which state law will control your estate — depend on where you are domiciled. How do you prove domicile ... and what steps are needed. Do I need a real estate or a guardianship attorney?more »

Industrial Development Issues
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The Internet of Things Means a Big Dilemma for Big Law Discovery
The National Law Journal (registration)February 7, 2017

To demonstrate how challenging this is, Radcliffe portrays the following scenario: Say you're representing a company that insures industrial equipment, and during the manufacturing process, a machine explodes. Now, let's say that the machines on the ...more »

Commercial Real Estate
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UPDATE 1-Fed puts more emphasis on commercial real estate in 2017 stress test
ReutersFebruary 3, 2017

WASHINGTON Feb 3 The Federal Reserve is putting a bigger focus on commercial real estate in its annual "stress test" of how well the largest U.S. banks would fare in another financial crisis. On Friday, the Fed publicly released a broad description of ...more »

Mechanic's Liens
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Bank of New York Mellon v. Citibank, NA
The RecorderFebruary 17, 2017

In Parker, a bank had retired its own loan in order to lend an increased amount, unaware that a mechanic's lien had been recorded in the meantime. (Id. at p. 594.) The court held that "the lien of the bank under its trust deed is superior in right to ...more »

Why variable-rate mortgages are becoming more attractive to Canadians
Globalnews.caFebruary 3, 2017

If a lender decides to raise or lower its prime rate, mortgage payments will move up or down according to a predetermined percentage spread over or below the prime. Variable rate-mortgages are inherently more risky and cheaper, than fixed-rate mortgages.more »

Construction Contracts & Disputes, Boundaries
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Letters of Intent in Construction Industry: The How, Why and Why Not of Enforceability
The National Law ReviewFebruary 7, 2017

What happens when a problem occurs before the contract is finalized? Is there an enforceable contract? And, if so, what are the terms of that contract? Luckily, Illinois law does provide guidance for these types of situations. In fact, the Illinois ...more »

Reits And Limited Partnerships
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2017 Annual Update – Bryan Cave Private Funds Practice
JD Supra (press release)February 11, 2017

Relatedly, a limited partnership (such as a private investment fund) can be considered a QIB under Rule 144A if all of its limited partners are QIBs; the general partner of the limited partnership need not be a QIB if the general partner is not also a ...more »

Construction Litigation
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Infringement of Method Claim Still Requires Performance of Every Claimed Step
The National Law ReviewFebruary 1, 2017

The case also dealt with a second issue relating to proper construction of “and.” The Court acknowledged that there have been prior cases in which “and” was properly construed to mean “or,” but noted that all of those cases had “a common theme that ...more »

Residential Real Estate
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Macy's, Amazon, Costco, Facebook stocks open up but Dow Jones, S&P down early on Trump tensions; Boeing ...
Phoenix Business JournalFebruary 2, 2017

Amazon.com Inc. (Nasdaq: AMZN) which has Arizona distribution operations and reports earnings this afternoon was up early Thursday. Mike Sunnucks writes about residential and commercial real estate, government, law, sports business and workplace ...more »

Eminent Domain
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Hudson Reporter - Hoboken City Council to vote Wednesday night ...
The Hudson ReporterFebruary 1, 2017

Hoboken City Council to vote Wednesday night on using eminent domain to increase size of park - HOBOKEN -- The City Council will decide at its next meeting ...more »

Restrictive Covenant Injunctions
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Plotting 'No-Place' in 'Utopia Neighborhood Club'
Seattle WeeklyFebruary 15, 2017

During that era, the many arms of racism were still being flexed via brazen laws such as restrictive housing covenants. In response, Jones writes, “Organized networks sprang up all across expanding Black urban enclaves and became a part of the fabric ...more »

Foreclosure
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Lawmakers want to block prisons' revolving doors
The Salem NewsFebruary 12, 2017

“I'm interested in this larger conversation and hopeful that we can work with law enforcement officers to keep laws and programs that work well and give them the tools they need to make necessary changes to the ones that don't work for us,” she said ...more »

Title Litigation
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What's Next in Hot-Button Travel Ban Litigation | National Law Journal
The National Law Journal (registration)February 7, 2017

With a showdown over President Donald Trump's travel ban order just hours away, the burning legal question on Tuesday was: what happens next? A tangle of ...more »

Hotel Reit Practice
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Edited Transcript of DRG.UN.TO earnings conference call or presentation 23-Feb-17 8:30pm GMT
Yahoo FinanceFebruary 24, 2017

During this call, management of Dream Global REIT may make statements containing forward-looking information within the meaning of applicable securities legislation. Forward-looking information is based on a number of assumptions and is subject to a ...more »

Zoning Regulations, Land Use
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Lakeport Planning Commission to consider marijuana-related changes to zoning ordinance
Lake County NewsFebruary 7, 2017

The main item on the agenda is the discussion on the possible amendments and revisions to the zoning ordinance, specifically, to add a procedure for noncommercial marijuana cultivation for personal use to medical marijuana cultivation, reflecting ...more »

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