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Columns & Departments

Eminent Domain Law

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Condemnation Upheld Despite Benefit to Private Party

Features

Real Estate Loan Workout: Exchange of Enhancements for Concessions Image

Real Estate Loan Workout: Exchange of Enhancements for Concessions

Richard S. Fries

As a result of the coronavirus pandemic, a property owner might reach out to its lender for urgent, needed debt relief. The lender, which strives for a performing asset, an on-going relationship with its customer makes concessions. In exchange for these concessions, the lender should obtain credit and legal enhancements., which should also enable the lender to make concessions that are more meaningful to the property owner, its investors, its tenants and its business.

Columns & Departments

Co-ops and Condominiums

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Sponsor Correctly Calculated Reserve Fund Shareholder Did Not Breach Survival of Closing Affidavit

Features

Law Firm Leasing Drops During COVID-19 Image

Law Firm Leasing Drops During COVID-19

Christine Simmons

Overall, the pandemic will likely result in long-term changes for law firm offices. While law firm leasing activity will eventually pick up, firms may decrease their overall footprints, taking up 10% to 15% less square footage because some people will continue working from home.

Columns & Departments

Landlord & Tenant Law

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Lease Provision Does Not Bar Conversion Claim for Damages After Issuance of Warrant of Eviction

Features

Landlord's Action Does Not Give Rise to Deceptive Practice Liability Image

Landlord's Action Does Not Give Rise to Deceptive Practice Liability

Stewart E. Sterk

Jeffrey Turkel's lead article in last month's issue focused on the Regina Metropolitan case, in which the Court of Appeals invalidated a number of…

Features

Creative Strategies for Landlords and Tenants to Survive the COVID-19 Shutdown Image

Creative Strategies for Landlords and Tenants to Survive the COVID-19 Shutdown

Dana Delman & John Vukmanovic

When COVID-19-related restrictions imposed by state and local governments are lifted, there is no guarantee that they will have done more than delay the inevitable: eviction and bankruptcy. Modifications should be used to cut risk and losses. If at all possible, landlords and tenants should cooperate now to avoid that outcome.

Columns & Departments

Co-ops and Condominiums

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Condominium Lien Enjoys Priority Over Mortgage Business Judgment Rule Precludes Challenge to Cancellation of Shares

Features

Non-Monetary Defaults in Commercial Leases: A Difficult Eviction Image

Non-Monetary Defaults in Commercial Leases: A Difficult Eviction

Ashlyn Robinson Banks

"I want them out!" When a tenant stops paying rent, landlords usually have this reaction. But what about those tenants faithfully paying rent while breaching other provisions of the lease? This article examines the eviction of a commercial tenant for non-monetary defaults.

Columns & Departments

Real Property Law

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Conditional Payments Do Not Restart Statute Of Limitations On Foreclosure Action Questions of Fact About Purchasers' Good Faith In Making Mortgage Applications Questions of Fact Remain on Implied Easement Claims Presumption of Hostility Supports Adverse Possession Claim Questions of Fact Remain About County's Liability for Fuel Oil Discharge

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