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Columns & Departments

Development Image

Development

ljnstaff & Law Journal Newsletters

Cases involving an air stripped in a park, and failure to maintain a landmarked building.

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ljnstaff & Law Journal Newsletters

Several key rulings are discussed.

Columns & Departments

Real Property Law Image

Real Property Law

ljnstaff & Law Journal Newsletters

In-depth analysis of the latest important rulings.

Features

Tax Foreclosures: Notice to Mortgagees Image

Tax Foreclosures: Notice to Mortgagees

Stewart E. Sterk

Tax foreclosures implicate not only the interest of the delinquent fee owner, but also the interest of the holder of a mortgage on the fee interest. What happens when the mortgagee does not know about the tax delinquency, the tax foreclosure, or the expiration of the right to redeem the property?

Features

David vs. Goliath Image

David vs. Goliath

M. Rosie Rees & Tamara K. Hibbard

<b><i>How to Handle the Right of First Refusal of a Single Parcel in a Multiple-Parcel Package Deal</b></i><p>It is best for all parties to avoid litigation by clearly addressing the possibility of a transfer of more than just the property that is the subject of the right when that property is part of a larger parcel, or could be part of a package deal.

Columns & Departments

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ljnstaff

Why the holder of a prior mortgage was not entitled to surplus funds.

Columns & Departments

Development Image

Development

ljnstaff

Discussion of four key cases.

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ljnstaff

In-depth analysis of four pivotal rulings, including one in which a landlord whohad received a tax abatement was not eligible for luxury deregulation.

Columns & Departments

Real Property Law Image

Real Property Law

ljnstaff

Analysis of two major rulings.

Features

Are You Your Tenant's Keeper?<br><font size="-1"><b><i>Maintaining BFP Status in the Face of PACA Liens</b></i></font> Image

Are You Your Tenant's Keeper?<br><font size="-1"><b><i>Maintaining BFP Status in the Face of PACA Liens</b></i></font>

Tori K. Campbell

In September 2016, a national title company invoked the Perishable Agricultural Commodities Act (PACA) when it raised an exception on a title commitment for the sale of real property upon which a grocery store was a tenant. The title company asked the owner to execute an affidavit and indemnity in the title company's favor with regard to any PACA liens incurred by the tenant. This new exception has elicited a fair amount of confusion as to why an 86-year-old statute would suddenly present a cloud on title.

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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