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Legal Reasons to Refuse to Sell Your Home to a Particular Buyer

When selling or renting your home, there are certain actions or behaviors that are illegal under federal and/or state law. This includes the refusal to sell or rent one’s home based on factors listed in the Fair Housing Act passed in 1968.…

Factors to Consider When Hiring a Home Appraiser

Appraisal Lender Market Analysis

When you are selling your home, there are many decisions that must be made. This includes whether to hire a broker, how much to list the home for, and which strategies to use to market the property. While a lender…

Construction Defect Lawsuit: Choosing a Course of Action

Construction Defect Legal Claim

In a new home, the presence of defects in construction can give rise to legal claims by the homeowner against the builder. This type of lawsuit may entail a number of legal theories depending on the type of defect, the…

Challenging a Low Appraisal in an Eminent Domain Proceeding

Appraisal Eminent Domain Market Data

One of the most highly contested aspects of the eminent domain proceeding is the determination of just compensation for the property owner. The law of eminent domain authorizes the government to confiscate private property so long as just compensation is paid to…

Lender’s Advertisement and Notice Obligations in a Foreclosure Sale

Advertisement Foreclosure Notice

A lender who intends to foreclose on a property must abide by statutory procedures for advertising the foreclosure and notifying the debtor of the foreclosure. If the lender fails to follow these requirements, then the court can declare that the…

Homeowner’s Associations and Super Liens

Foreclosure HOA Super Liens

A homeowner’s association (HOA) is authorized to take certain actions if a property owner is delinquent in paying his fees and assessments. Some states authorize homeowner’s associations to impose “super liens,” which are given the highest priority among lien holders.…

The Significance of Power of Sale Language in a Foreclosure

Foreclosure Mortgage Power of Sale

A loan for the purchase of property is secured by a mortgage or deed of trust on the real estate that the borrower has agreed to purchase. The loan contract is typically a mortgage that contains a “power of sale”…

Sandy Springs Business Owner Battles City Over Eminent Domain Taking

Eminent Domain Just Compensation Private Development

In February, 2018, the Sandy Springs City Council approved a plan to take several properties pursuant to its eminent domain powers. One of the properties seized by the city government was an insurance business owned by Randy Beavers. The business owner challenged…

The Effects of Bankruptcy on Mortgages and Foreclosures

Bankruptcy Foreclosure Mortgage

Filing for bankruptcy has a significant impact on all aspects of your finances- including your homeownership. But if you can commit to a reorganization plan, there is a good chance you can keep your home and avoid foreclosure. In a…

Landlord-Tenant Disputes: When to Resolve on Your Own and When to Hire a Lawyer

Discrimination Eviction Landlord Tenant

Many landlord-tenant disputes can be resolved through a simple conversation. There are other disputes, however, which necessitate legal intervention because a tenant’s safety or legal rights are compromised. If you are involved in one of the situations discussed below, then…

Should I Ever Waive an Appraisal Contingency?

Appraisal Contingency Waiver

The purchase contract for a home generally includes certain contingencies that must be satisfied for the transaction to be finalized. These contingencies are intended to protect the buyer. If a contingency has not been met, then the buyer can typically…

Understanding the “Gross-Up” Provision in a Commercial Real Estate Lease

Commercial Lease Gross-Up Occupancy

Many commercial leases contain a “gross-up” provision to amplify the property’s operating expenses to the amount of operating expenses that would be incurred if the building was fully occupied. This provision has the effect of shifting expenses to the tenant…

Blog

Legal Reasons to Refuse to Sell Your Home to a Particular Buyer

Factors to Consider When Hiring a Home Appraiser

Construction Defect Lawsuit: Choosing a Course of Action

Challenging a Low Appraisal in an Eminent Domain Proceeding

Lender’s Advertisement and Notice Obligations in a Foreclosure Sale

Homeowner’s Associations and Super Liens

The Significance of Power of Sale Language in a Foreclosure

Sandy Springs Business Owner Battles City Over Eminent Domain Taking

The Effects of Bankruptcy on Mortgages and Foreclosures

Landlord-Tenant Disputes: When to Resolve on Your Own and When to Hire a Lawyer

Should I Ever Waive an Appraisal Contingency?

Understanding the “Gross-Up” Provision in a Commercial Real Estate Lease

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