Recent Articles from All Practice Groups
DC Economic Interest Purchase Money-Recordation Tax
DC Expands Exemptions for Recordation Tax on D/T’s Association with Deeds of Economic Interest While it has long been the practice and law that deeds of trust filed simultaneously with the acquisition of real estate are exempt from recordation tax, the exemption was limited to interests in real estate. Since a Deed ... Read More
VA Supreme Court: Shevlin Smith v. McLaughlin
The opinion in Shevlin Smith v. McLaughlin provides a veritable cornucopia of rulings—15 assignments of error were considered!—that touch on important areas of legal malpractice and civil litigation that all practitioners should review. The case concerns a legal malpractice case by McLaughlin against his former firm of Shevlin Smith, ... Read More
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: TILA, The Truth in Lending Act
MD: Fed Tax Lien subordinate to Mortgage Filed Thereafter
A debtor owed federal taxes and the IRS issued a notice and demand for payment in December, 2004. Even though IRS had not yet recorded its tax lien, the effect of the notice was to give IRS a super-priority lien on all the debtor's property upon issuance of the notice and ... Read More
How the ‘Drummer Boy’ Decision May Affect Us Locally
The D.C. Court of Appeals recently ruled that the super-priority status given to six months’ worth of condominium liens under D.C. Code sec. 42-1903.13 can wipe out all other liens on the condo unit, including a first-position mortgage, but that Court has not yet determined whether the six months ... Read More
VA Supreme Court Opinion: DRHI, Inc. v. Hanback
In DRHI, Inc. v. Hanback, The Virginia Supreme Court considered appeals in a property development dispute. The Court heard this case because it was not immediately apparent from the petitions for appeal whether this case involved a monetary judgment, a civil contempt fine, or both, in the interests of ... Read More
VA: General Contractor Necessary Party for Mechanic’s Lien
In an action to enforce a mechanic's lien filed by a subcontractor, the circuit court erred in concluding that a general contractor, which served as construction manager for the project but had no pecuniary interest in the bond posted to release the real estate subject to a subcontractor's ... Read More
TAGGED: mechanic's lien
DCCA Affirms Economic Loss Doctrine Dismissing $5M Flooding Lawsuit
In Jose A. Aguilar, et al. v RP MRP Washington Harbour, LLC, et al., the D.C. Court of Appeals agreed with a lower court that MRP cannot be sued for negligence "where a claimant seeks to recover purely economic losses sustained as a result of an interruption ... Read More
DC Court Clarifies Requirements for an Easement or a Prescriptive Easement
On September 18, 2014, the D.C. Court of Appeals provided a “clearer explication of the requirements to claim an implied grant of an easement or a prescriptive easement” to help guide D.C. landowners as to their rights. In Martin v. Bicknell, two neighboring townhouse owners got into a fight over a ... Read More
TAGGED: washington dc, easement, DC Court, prescriptive easement
MD: Real Estate Agents Beware of Making Referrals
In a sweeping change, the Maryland Department of Labor, Licensing, and Regulation (DLLR) issued a change that requires Maryland real estate agents, to confirm that an entity is licensed and provide a link to the government site for easy confirmation before referring clients to contractors and appraisers. Effective August ... Read More
TAGGED: referrals, Real Estate Agent, contracts
DC: Judicial Foreclosure
Judicial Foreclosure. Plaintiff, Defense, and Amicus have submitted proposed procedures for judicial foreclosure likely to be adopted by the DC Superior Court. Please click here to read. ... Read More
TAGGED: washington dc, judicial foreclosures, foreclosures
DC: No slander of title for Lis Pendens; Other sanctions appropriate
In Bloom v. Beam (D.C.C.A. Nos. 13-CV-433 & 13-CV-484) the D.C. Court of Appeals held that a memorandum of lis pendens may not constitute slander of title, even if the underlying law suit fails, but that the trial court could assess attorneys fees under D.C. Code 42-1207(d)(1). A law suit was filed ... Read More
TAGGED: sanctions, lis pendens, constructive easement
DC: L&T Insufficiency of Service of Process and Insufficient Intent to Occupy to Terminate Leasehold
Landlord’s claim to occupy premises for “immediate” use fails because the intent to occupy is in the future and claim of “occupancy” also fails because Landlord only intends to occupy the property sporadically, which falls short of constituting “occupancy”. Service upon a spouse in a residence without further inquiry by process server does not constitute service upon the defendant ... Read More
Mayor Gray Has Signed Bill Into Law Moving Electric Feeder Wires Underground
The Electric Company Infrastructure Improvement Financing Act of 2013 has been signed into law. Mayor Gray has signed a historic power line bill, B20-387: the Electric Company Infrastructure Improvement Financing Act of 2013, into law. Prompted by concerns that certain electric feeder lines are prone to damage during winds and storms, the District may finance the one billion dollar price ... Read More
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Online Filing – Income and Expense Report DC and Building Permits.
DC moves its technology forward to facilitate easy on-line filing. Commercial property owners can anticipate receipt of notification from OTR that on-line filing of Income and Expense forms is available. While online filing will be option for this year, it will be mandatory next year. The due date for the form remains unchanged: April 15. The paper forms are available at the OTR website ... Read More
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