The U.S. Court of Appeals for the District of Columbia recently upheld a 2007 Federal Communications Commission ("FCC") order prohibiting the owner’s of apartment buildings, condominiums and other multi-unit residential properties from entering into exclusive contracts for providing cable T.V. services. The FCC relied upon Section 628(b) of the Communications Act. The FCC’s position is
Foreclosure Rescue Scams Proliferating
Where there’s trouble, there’s trouble. As a growing number of homeowners have defaulted or neared default on their mortgages, numerous schemes have cropped up taking advantage of their willingness to do whatever it takes to save their homes.
The Court in State v. Cicerchi, 2009 Ohio 2249 (Ohio Ct. App. 2009) took the time
Follow the (Note’s) Instructions
A helpful reminder to lenders – if you’re going to foreclose, read the note and mortgage and do what they say. In a recent Ohio Court of Appeals case, the bank failed to follow these instructions and was rewarded by having its foreclosure complaint dismissed.
The borrower missed a payment on her mortgage and the bank
Congress Introduces Chinese Drywall Legislation
Congress has recently introduced a number of measures in response to the problems caused by defective drywall imported from China. Both the House and Senate introduced identical bills titled the Drywall Safety Act of 2009 (H.R. 1977; S. 739), which, if enacted, would require the U.S. Consumer Product Safety Counsel to study at least ten
Ulmer & Berne LLP Real Estate Practice Ranked 1st in Ohio; 8th in the Midwest
We are pleased to announce that Midwest Real Estate News magazine named the Firm eighth on its list of 2009 Top 25 Midwest Real Estate Law Firms – Best of the Best. Ulmer & Berne was once again ranked first in the state of Ohio.
Midwest Real Estate News is one of the region’s leaders
Another ASTM Standard Satisfies All Appropriate Inquiries under CERCLA
US EPA has amended the Standards and Practices for All Appropriate Inquiries (“AAI”) to acknowledge another ASTM standard can be used to satisfy the AAI requirement for the landowner defenses to liability under Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) – innocent landowners, bona fide prospective purchasers, and continuous property owners. In addition to ASTM International Standard E1527-05, you can now use, when applicable, ASTM International Standard E2247-08 entitled Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property (“ASTM E2247-08”).
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