Month: February 2015
DC: Home Seller is not a merchant under CPPA; Buyer’s Claim of Withholding Information fails – no detrimental
In Sundberg v. TTR Realty, Buyers entered into a contract to purchase a home and alleged that, after the contract was signed, but before closing, the Seller and his real estate agent and brokerage withheld information and provided false information about construction that was to occur across the street. Buyers further allege ... Read More
Maryland Property Tax Assessment Appeals
The deadline for appeals is rapidly approaching. For many properties, the date is February 9, 2015. The process is initiated by filing a Petition for Review of Real Property. ... Read More
DC: Defect in notice of foreclosure did not create substantial risk of misleading record owner
In Dennis T. Comer v. Wells Fargo Bank, NA, No. 13-CV-1025 (D.C. Jan. 29, 2015), the D.C. Court of Appeals was called upon to review whether the trial court had properly dismissed counts of an amended complaint in connection with a wrongful disclosure In 2008, Mr. Comer was approved for ... Read More
DC: Filing a lis pendens may expose filer to claim if the underlying lawsuit was filed in bad faith
In Havilah Real Property Services, LLC v. VLK, LLC, et al., the D.C Court of Appeals recently addressed the merits of litigation and the privilege associated with the recordation of lis pendens in a lengthy dispute between Havilah and VLK that was directly related to a personal dispute between ... Read More
National: TILA Rescission Notice Valid if Sent Within 3 Years
The Truth in Lending Act (“TILA”) requires that borrowers receive certain required disclosures. TILA provides for two types of rescission by borrowers. The first, and most common, right is to rescind certain types of loans within three days of closing, but before any other money is disbursed either to the borrower ... Read More
TAGGED: The Truth in Lending Act, TILA