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June 28, 2024

A Contract Drafting Conundrum: Can a Real Property License Agreement Disclaim a Landlord-Tenant Relationship While Retaining the Summary Remedy of Unlawful Detainer for the Licensor-Owner?

A landowner desiring to enter into a license agreement for the use of real property must take care to ensure that the license agreement does not contain terms that inadvertently waive the landowner’s right to recover the property through the summary proceeding of an unlawful detainer action. 

November 1, 2023

Higher Rate Redux: Recalling The Legal History Of “Transfers Subject To,” Wrap-Around Mortgages, Assumable Loans, And The Due On Sale Clause In A New Era Of Rising Interest Rates

As residential mortgage interest rates have nearly tripled over the past 18 months, some participants in the real estate industry have been considering ways to market and sell real estate by keeping low-rate existing mortgages in place while transferring ownership of the property to a new owner or buyer.