Recently, two important court decisions ruled that a New York City local law known as the Guaranty Law, which rendered unenforceable certain guaranties of commercial lease obligations, was unconstitutional. One month later, the New York Supreme Court declined to follow it.

Conflicting rulings, however, left the issue unsettled and landlords without clear guidance.

In 2020,

The New Jersey Division on Civil Rights (DCR), which addresses and prevents housing discrimination in New Jersey, has increased its enforcement measures over the past 18 months. The increase in enforcement coincides with a rise in DCR complaints by both current and prospective tenants alleging violations of the New Jersey Law Against Discrimination (the LAD)

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

• An appellate court in Arkansas, affirming a trial court’s decision, has ruled that a title insurer had properly denied coverage to an insured bank in connection with a defect in title of which the

Capital gains taxes can take a chunk out of the proceeds from an investment property sale – sometimes upward of 30% when federal and state taxes are combined. A 1031 tax deferred exchange is one way to defer paying capital gains taxes on real estate investments, but it comes with requirements that, if not met,

Many individuals are considered “house rich, cash poor,” meaning that their biggest asset is their house. While some of these individuals have an estate plan in place, many do not and are unaware of the consequences. Without proper estate planning, heirs inheriting a house can find themselves in a precarious situation. Fortunately, a provision in

New Jersey presents a particular challenge for multifamily owners and managers. Unlike New York City, which has clearcut laws governing rent control, New Jersey has more than 100 municipalities, each with its own rent control ordinances. Multifamily purchasers and managers can unknowingly violate the ordinances unless they are aware of the requirements.

These municipal rent

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

• A federal district court in New York granted summary judgment in favor of a title insurance company and its affiliate in a case alleging that they breached their fiduciary duty and engaged in deceptive

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

• A federal district court in New York has rejected a lawsuit filed by insureds under a title insurance policy demanding indemnification for the ostensible diminution in their insured property’s value stemming from an

Michael Heller’s, Peter McNamara’s and Matt Spero’s Spring issue of the Title Insurance Reporter was published in the Real Estate Finance Journal.

The authors discuss recent court decisions of note involving title insurance.

Read the full column here.

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

• An appellate court in New York has ruled that an exclusion in a title insurance policy precluded coverage of a claim asserted by the policyholders.
• A federal district court in Illinois has rejected