Legal Articles, Real Estate

California’s Tender Rule in Foreclosure Suits: Any way around it?

This article discusses the legal doctrine of "Tender." When bringing certain types of lawsuits, one must tender the amount of the debt to have standing to sue. However, there are certain exceptions to the tender requirement.

Monthly Mortgage Payments About to Increase for HAMP Recipients

This Article contains information regarding the 2009 Home Affordable Modification Program (HAMP) and future increased payment adjustments

Ohio's Transfer on Death Affidavit

Ohio's new Transfer on Death Designation Affidavit, authorized by Ohio Revised Code 5302.22 allows a single individual to avoid probate on their home (and other real estate) without giving up current ownership rights. This new designation is helpful also for estate and Medicare/Medicaid planning.

May Homeowners Hold Design Professionals Directly Responsible for Negligent Design and Planning?

Homeowners in Massachusetts may bring an action for negligent design against architects and other design professionals, even in the absence of a direct contractual relationship.

Bid Protest 101

Below is an introduction to the different processes through which government construction contracts are bid in the Commonwealth of Massachusetts, and the legal grounds for challenging contract awards made by state and town agencies.

An Offer You Can’t Refuse

A federal judge, in acknowledging recent trends in Massachusetts case law and the Restatement of Restitution and Unjust Enrichment, allowed a supplier to recover against the general contractor under quasi-contractual theories of unjust enrichment and quantum meruit.

Subcontractor’s Right to Time Extension from General Contractor Given “Teeth” by Massachusetts Judge

Subcontractors who are denied extra time to complete their work in light of project delays they did not cause should be aware of their right to collect damages from the general contractor for breach of the standard “No Damages for Delay” clause included in most large subcontracts.

COMMERCIAL CONSTRUCTION IN NORTH CAROLINA: Late Payments to Subcontractors - is it legal?

Wilmington Construction Law attorney Wesley Scott Jones discusses the rights of Subcontractors to be timely paid on Commercial Construction Projects in North Carolina. Wesley Jones is an attorney practicing in Wilmington, NC (New Hanover County)

Using Land Trusts in Colorado

The land trust is a very powerful tool for the savvy real estate investor, and there are many reasons to use land trusts in Colorado. A Colorado land trust is a revocable, living trust used specifically for holding title to real estate.

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