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Real Estate Blog


04.20.2012 Is that Condominium Special Assessment Limited or Common?
The Missouri Court of Appeals recently considered a case, Laurence Epstein, et al. v. Villa Dorado Condominium Association, Inc., involving a group of condominium unit owners (the “Unit...

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03.29.2012 “Mere Inconvenience” Not Sufficient for Variance to Zoning Regulations
Property owners who live in municipalities are subject to zoning codes and other ordinances that regulate, among other things, the kinds of activities which are acceptable on particular lots, the...

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03.19.2012 HAMP Does Not Protect Lenders from State Law Claims from Borrowers
Recently, the Seventh Circuit reversed a U.S. District Court ruling that had previously dismissed a Plaintiff’s lawsuit brought against Wells Fargo Bank.  As background, the case involved the Home...

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01.27.2012 Property Ownership by Pass Through Entity
Despite the downturn in the economy, many individuals may see being a landlord as an easy money maker, but there are things that should be considered prior to entering into that first lease.  One of...

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01.25.2012 Statements about an Independent Third Party’s Future Acts do not Constitute Actionable Misrepresentation
On January 23, 2012, the Missouri Court of Appeals issued a decision reaffirming that a party cannot bring a claim for misrepresentation relating to statements, representations or predictions about...

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12.01.2011 A Primer on Private Nuisance Law in Missouri
In Missouri, a property owner generally has the right to exclusive possession and control of his or her property and the right to devote it to any type of lawful use which satisfies the owner's...

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11.04.2011 MMPA Claims Accrue When Damage Capable of Discovery
The Missouri Court of Appeals recently gave a refresher course on the time of accrual for claims under the Missouri Merchandising Practices Act (“MMPA”).  In Ball v. Friese Construction Co., the...

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10.17.2011 Deficiency Judgments After Foreclosure a Real Possibility in Missouri
Contrary to what some websites state, Missouri permits lawsuits to recover deficiencies between the amounts due under a note secured by a deed of trust and amounts bid in at foreclosure. ...

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06.17.2011 Terminating the Lease or Giving Concessions to the Commercial Tenant
As tough economic times continue, landlords have begun to feel the pain of many of their tenants.  The landlord’s struggle to replace tenants is much more difficult in today’s market, and causes...

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06.16.2011 Missouri Supreme Court Ruling Clarifies Tax Sales Requirements
Benjamin Franklin once said, “there is nothing certain except death and taxes.”  As the economy has declined, so has the ability of individuals to pay their real estate taxes.  If an individual...

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