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Top Riker Danzig News

Phoenix, Arizona · Phoenix

Arizona Supreme Court Confirms a Title Policy Only Provides Coverage to Lender When Title Defect Causes Its Insured Loan Not to Be Paid Off - Riker Danzig

What You Need to Know No Coverage Under Loan Policies When Loans Are Fully Repaid – The Centerpoint case reaffirms that lender title insurance policies provide no coverage if the insured loan is paid in full. Under standard ALTA loan policy provisions (Exclusion 3(c) and Conditions 8(a)(iii) and 10(b)), coverage is expressly limited to actual, […] The post Arizona Supreme Court Confirms a Title Policy Only Provides Coverage to Lender When Title …Read Article

New Jersey Appellate Division Strictly Interprets an Hoa’s Restrictive Covenant On Fences - Riker Danzig

What You Need to Know Restrictive covenants are strictly construed: Courts apply the principle that restrictive covenants must be interpreted literally and any ambiguities are resolved in favor of the property owner's unrestricted use of their land. Here, the court found that Section 8.1(c) of the HOA declaration, which specifically addressed fences and their requirements, […] The post New Jersey Appellate Division Strictly Interprets an Hoa’s R…New Jersey · New Jersey Read Article

Court of Appeal Agrees that Termination Clause is Unenforceable

The recent Court of Appeal decision in De Castro v. Arista Homes Limited follows the current trend of courts frequently striking down termination clauses in employment contracts. In that decision, the Court of Appeal sided with the employee and upheld an award of damages that was far greater than the compensation set by the employment contract. This should serve as another reminder to employers of the significant liabilities they may face in a w…Toronto, ON · Toronto See the Story

Do the Amended Ground Water Quality Standards Impact your Remediation? - Riker Danzig

What You Need to Know Stricter Standards for Many Constituents: NJDEP adopted more stringent ground water remediation standards for 52 constituents, with seven—including vinyl chloride, a contaminant commonly found in plumes of chlorinated solvents—tightened by an order of magnitude, significantly impacting remediation requirements. Impact on Active and Closed Cases: These changes affect both active and […] The post Do the Amended Ground Water Q…New Jersey · New Jersey Read Article

NJ Appeals Court Clarifies Evidentiary Standards for Residential Nuisance and Trespass Claims - Riker Danzig

What You Need to Know For nuisance claims, plaintiffs must demonstrate an "unreasonable interference with the use and enjoyment of another's land" - the invasion must be either "intentional and unreasonable" or unintentional but negligent/reckless. The absence of expert testimony is not necessarily fatal to nuisance claims; courts must consider all available evidence in the […] The post NJ Appeals Court Clarifies Evidentiary Standards for Reside…New Jersey · New Jersey Read Article

Property Owners’ Complaint Dismissed for Insufficient Facts Showing Date of Foreclosure Loss Mitigation Application - Riker Danzig

What You Need to Know The United States District Court for the Eastern District of Virginia recently dismissed RESPA claims because plaintiffs could not prove when they submitted their loss mitigation application Court emphasized that "dual tracking" claims require complete loss mitigation applications submitted at least 37 days before foreclosure Trustees and law firms acting as trustee’s agents are exempt from RESPA liability Courts require sp…Virginia, United States · Virginia Read Article

Right of First Refusal Removed by Amendment: Court Dismisses Claims in Centennial Plaza - Riker Danzig

What You Need to Know In analyzing whether a right of first refusal in a Master Deed survived two subsequent amendments, the Court found that the plain language of the amendments clearly displaced the original Article of the Master Deed, including the right of first refusal provision, as both amendments stated that the Article was […] The post Right of First Refusal Removed by Amendment: Court Dismisses Claims in Centennial Plaza appeared first …Real Estate Read Article

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