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Challenging a Low Appraisal in an Eminent Domain Proceeding

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…

When to Consider a Quiet Title Action

Adverse Claims Clouds On Title Quiet Title

Quiet title is a tool that can be used in several situations to establish an individual’s right to ownership of real property. An individual can initiate a quiet title action to assert his claim to ownership against one or more…

Have You Been the Victim of a Wrongful Foreclosure?

Foreclosure Judicial Sale Right to Redeem Robo-Signing

The foreclosure of a home must be handled in accordance with clearly defined rules and procedures, but sometimes the process is not executed properly. The foreclosing lender may act negligently or intentionally in a way that constitutes wrongful foreclosure and…

Understanding the Basics of Commercial Construction Loans

Commercial Construction Loan Pro Forma Underwriting

The commercial financing process can be complex for first time borrowers. Commercial mortgages usually have stringent underwriting procedures. Understanding how lenders process and analyze commercial developments and loans can help make this aspect of the transaction easier to navigate. Submitting a Loan…

Real Estate Law

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

When to Consider a Quiet Title Action

Have You Been the Victim of a Wrongful Foreclosure?

Understanding the Basics of Commercial Construction Loans

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