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Competition Realty Virginia Real Estate Broker ~Virginia Beach Norfolk Chesapeake ~ Competition Realty
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Welcome to Competition Realty Virginia Real Estate Broker ~Virginia Beach Norfolk Chesapeake ~ Competition Realty!


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Competition Realty Virginia Real Estate Broker ~Virginia Beach Norfolk Chesapeake ~ Competition Realty: Competition Realty

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 Ann Kaplan is no longer associated with Competion Realty

Competition Realty Ann Kaplan not associated with Competition Realty

Ann Kaplan, of Jamesville, Virginia [Virginia's Eastern Shore] is no longer associated with this firm / Competition Realty.  If you wish to contact her please use the contact information she supplied to you.  If you want to address any matter that deals with issues you feel touch and concern this firm that Ms. Kaplan was involved in please feel free to contact David Lindsey, Principal Broker @ 757-424-5102 or email / broker@realtycom.net.


Posted by david on Wednesday, June 15 @ 04:54:07 MST (976 reads)
(Read More... | Score: 0)


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 defend against foreclosure on ground that the chain of assignments of the deed o

Competition Realty

Steinberger v. McVey ex rel. County of Maricopa
2014 WL 333575 (Ariz. Court of Appeals, Jan. 30, 2014)
Summary prepared by Dale Whitman


A defaulting borrower may defend against foreclosure on ground that the
chain of assignments of the deed of trust is defective, and also on a
variety of other theories.


Posted by david on Wednesday, February 05 @ 09:14:05 MST (1698 reads)
(Read More... | 9470 bytes more | Score: 5)


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 3-percent cap on points and fees for qualified mortgages

Competition Realty
Lawmakers warn of potential QM fallout
Consumer Protection
Tuesday, May 28, 2013
Some members of Congress want the Consumer Financial Protection Bureau to make significant changes to its new ability-to-repay rule. Lawmakers on both sides of the aisle recently challenged bureau representatives on numerous issues ranging from the rule’s 3-percent cap on points and fees for qualified mortgages to the bureau’s ability and willingness to change the rule in the event it fails to function as expected when it takes effect in January 2014.

Mouse over and Click the Dodd / Frank Logo for its Post


Posted by david on Thursday, May 30 @ 04:01:35 MST (2826 reads)
(Read More... | Score: 5)


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 Understand the purpose of the Federal Fair Housing Laws and be able to identify

Competition Realty

Understand the purpose of the Federal Fair Housing Laws and be able to identify the protected classes covered by the Fair Housing Act.

Federal Fair Housing Act (FFHA)

The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising.

The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a "no pets" policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces. (The landlord is not required to pay for the changes.) The Act further requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areas, doors that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver, and other adaptable features within the units.


Posted by david on Saturday, September 24 @ 05:17:10 MST (7071 reads)
(Read More... | Score: 0)


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 What is the difference between a reasonable accommodation and a reasonable modif

Competition RealtyWhat is the difference between a reasonable accommodation and a reasonable modification under the Fair Housing Act? Under the Fair Housing Act, a reasonable modification is a structural change made to the premises whereas a reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service. A person with a disability may need either a reasonable accommodation or a reasonable modification, or both, in order to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. Generally, under the Fair Housing Act, the housing provider is responsible for the costs associated with a reasonable accommodation unless it is an undue financial and administrative burden, while the tenant or someone acting on the tenant’s behalf, is responsible for costs associated with a reasonable modification. Example 1: Because of a mobility disability, a tenant wants to install grab bars in the bathroom. This is a reasonable modification and must be permitted at the tenant’s expense. Example 2: Because of a hearing disability, a tenant wishes to install a peephole in her door so she can see who is at the door before she opens it. This is a reasonable modification and must be permitted at the tenant’s expense. Example 3: Because of a mobility disability, a tenant wants to install a ramp outside the building in a common area. This is a reasonable modification and must be permitted at the tenant’s expense. Example 4: Because of a vision disability, a tenant requests permission to have a guide dog reside with her in her apartment. The housing provider has a “no-pets” policy. This is a request for a reasonable accommodation, and the housing provider must grant the accommodation.

Posted by david on Saturday, September 24 @ 05:10:56 MST (5815 reads)
(Read More... | Score: 0)


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 Federal Fair Housing Act (FFHA)

Competition Realty

Understand the purpose of the Federal Fair Housing Laws and be able to identify the protected classes covered by the Fair Housing Act.

Federal Fair Housing Act (FFHA)

The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising.

The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a "no pets" policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces. (The landlord is not required to pay for the changes.) The Act further requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areas, doors that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver, and other adaptable features within the units.


Posted by david on Saturday, September 24 @ 04:39:57 MST (5740 reads)
(Read More... | Score: 5)


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 Foreclosure - Its About the Note

Competition Realty

BANKRUPTCY; AUTOMATIC STAY; LEAVE TO FORECLOSE; MERS: Noteworthy bankruptcy decision clarifies the rules about foreclosure of MERS related mortgages. It's all about the note.

 In re Tucker, Case No. 10-61004 (W.D. Bkrtcy 9/20/10)

 The case law throughout the country recently has exhibited great uncertainty as to the role and authority of MERS in foreclosures. Many of these cases have been complicated by the language of statutes in judicial foreclosure jurisdictions that may impose greater burdens on mortgagees than might exist elsewhere. In addition, there has been some authority that tangentially discusses the role of MERS with respect to other issues, and these cases may have further muddied the waters. An important course of this nature has been the Bekistri case, decided by the Missouri Court of Appeals (284 S.W.3d 619 (Mol App. 2009) and regularly appearing in briefs and discussions around the country. Another important decision - also a non-foreclosure decision, has been the Landmork case in the Kansas Supreme court. Both cases have given some support to the notion that a recordation of a mortgage with MERS is a mullity in cases in which the lender does not also give MERS the note, creating some question as to whether the mortgage can be foreclosed to collect the unpaid debt.

 


Patrick A. Randolph

Elmer F. Pierson Professorship and Professor of Law; B.A. (Yale University); J.D. (University of California, Berkeley)

Posted by david on Tuesday, September 21 @ 02:16:48 MST (7621 reads)
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  MODIFICATION OF LEASE; REQUIREMENT OF WRITING

Competition Realty

LANDLORD/TENANT; MODIFICATION OF LEASE; REQUIREMENT OF WRITING: In Florida, under certain circumstances, written contracts can be modified by a subsequent oral agreement of the parties even though the written contract purports to prohibit such modification. For example, an oral modification may be enforced where otherwise a party would be a victim of fraud or where the subsequent conduct of the parties indicates the acceptance of the oral modification.

 


Patrick A. Randolph

Elmer F. Pierson Professorship and Professor of Law; B.A. (Yale University); J.D. (University of California, Berkeley)

Husky Rose, Inc. v. Allstate Insurance Company, 19 So.3d 1085 (Dist. Ct. of App. Florida, 4th Dist. 2009):

The parties’ original lease did not require the tenant to maintain property insurance. Their renewal lease did. The parties agreed orally that the landlord did not have to be added to the policy until the policy came up for renewal. About six weeks before the insurance policy came up for renewal, but after the new lease was in effect, the tenant's restaurant was destroyed by fire. The landlord received nothing from the tenant's insurance recovery, but did receive payment under its own policy.


Posted by david on Tuesday, September 21 @ 02:06:55 MST (9202 reads)
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