Title Insurance and Your Transaction
As a ready reference for real estate industry professionals utilizing title insurance, below is a comparison and limited analysis of certain aspects of the annual financial statements of a cross section of active title...more
For those of you who question whether an owner’s policy of title insurance is a waste of money, please remember that examining title is still an essential component of due diligence investigations. Real estate investments are...more
Dubai's luxury real estate market has witnessed a remarkable boom, attracting investors and high-net-worth individuals from all corners of the world. This escalation in demand for high-end properties is emphasized by a...more
In an economy where land prices are rising, it is not unusual for a buyer who has a property under contract to consider flipping all or part of the property to another purchaser for a profit. If a contract gives the buyer a...more
If you are purchasing residential or commercial real estate, you may have heard the term “title insurance” bounced around. Title insurance is very important and protects your legal claim to the title of your real estate. In...more
On April 21, FinCEN updated its Geographic Targeting Orders (GTOs). The GTOs require U.S. title insurance companies to identify the natural persons behind shell companies that pay “all cash” (i.e., the transaction does not...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more
On December 6, 2021, the Financial Crimes Enforcement Network (FinCEN) announced an Advance Notice of Proposed Rulemaking (ANPRM) to solicit comments in preparing a proposed rule that would increase transparency in the U.S....more
Real Property Update - Foreclosure / Standing: affirming payment order entered pursuant to section 702.10(2), Florida Statutes, against a subsequent purchaser in favor of US Bank as the application of the statute was not...more
Real Property Update - Easement Appurtenant: easement was presumptively appurtenant (held to run with the land) because (i) it was not terminable except by agreement executed by both parties with formalities of a deed,...more
Real Property Update - Condominium / Release: condominium unit owner's claims against condominium association and board were barred by subject release; claims were based on water intrusion resulting from damaged roof that...more
Real Property Update - Equitable Lien: section 95.11(5)(b)'s one-year statute of limitation does not apply to a purchaser's funds (in excess of 10% of the purchase price), which were used to develop the condominium, as the...more
Real Property Update - Due Process / Notice: due process rights violated in case involving claims for breach of contract for sale of property; party received insufficient notice of motion to amend complaint to add punitive...more
Real Property Update - Specific Performance: suit for specific performance concerning real estate requires proof that is clear, definite, and certain - Lupetto, Inc. v. South Bay Developers Group, LLC, No. 3D19-1068 (Fla....more
Real Property Update - Foreclosure / Jurisdiction: section 720.04's exception to the local action rule is applicable where the cross-collateralized mortgages are construed as one instrument and the court has subject...more
As commercial real estate deal flow has significantly decreased due to the novel coronavirus/COVID-19, there is no better time than the present for sellers of commercial real estate to plan in advance for the successful sale...more
As expected, on May 8, 2020, the Financial Crimes Enforcement Network (“FinCEN”) reissued its Geographic Targeting Orders (“GTOs”) requiring U.S. title insurance companies to identify the natural persons behind legal entities...more
As a result of COVID-19, many issues have been arising with real estate due diligence and closings: • Inspectors, appraisers, etc. may not be available. • Until a remote online notary bill is adopted at the federal or...more
As with all businesses and markets globally, the real estate industry is facing unprecedented disruption, uncertainty and challenge resulting from the novel coronavirus (COVID-19). This advisory offers practical insight...more
Real Property Update - Forum Selection / Equitable Tolling of Statute of Limitations: Equitable tolling was inapplicable where FDIC failed to raise running of statute of limitations in defense of federal court's dismissal...more
In its 2020 National Strategy for Combating Terrorist and Other Illicit Financing (“2020 Strategy”), the U.S. Department of Treasury (“Treasury”) has laid out its AML and money laundering enforcement priorities. Last week, we...more
Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more
Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more