April 2009

Can a city be sued for rezoning a property?

Can a landowner who planned to build a shopping plaza sue a city for changing the land’s zoning to “residential”? Maybe … but only if the rezoning almost totally destroyed the land’s value. That’s the result of a decision by a New York appeals court. Parviz Noghrey wanted to build a shopping center in Brookhaven, N.Y., but before he could do so the town adopted a moratorium on commercial development, and then changed the land’s zoning

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Shopping mall must allow protest against tenant

A shopping mall cannot prevent a union from leafleting in front of a tenant’s store to urge a boycott of the store, according to the California Supreme Court. The union in this case represented employees of a San Diego newspaper. Union members wanted to protest outside a department store in the mall, urging shoppers not to patronize the store because it bought ads in the newspaper. The mall objected. While the mall allowed protests and other

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Fannie Mae stops evicting tenants of foreclosed homes

Fannie Mae has announced a national policy under which it will no longer immediately evict tenants from homes on which it forecloses. Under the policy, the mortgage giant will in effect become a landlord or property manager for many homes where there is a foreclosure. Renters often face a difficult situation when a property is foreclosed upon, and this move will help those in Fannie-backed properties by providing some breathing room while they figure out what

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New rules for mortgage appraisals

Starting May 1, 2009, new rules will apply to most appraisals of single-family homes requested by banks as part of the mortgage process. Lenders will have to comply with these rules in order to have their mortgages purchased by Fannie Mae or Freddie Mac. The new rules are part of an effort to keep appraisals honest. In the past, some lenders had allegedly pressured appraisers to provide certain valuations for properties in order to allow a

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Get an $8,000 tax bonus if you buy a home by November 30, 2009

The recent economic stimulus law contains a big tax break for first-time homebuyers: If you buy a home by November 30, 2009, you can claim an $8,000 tax credit. Congress had previously approved a similar credit, but it had required homebuyers to pay back the money over time. In effect, it was an interest-free loan. Under the new law, however, the credit doesn’t have to be paid back – it’s free money.

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USDA program helps many people afford a home

A little-known mortgage program operated by the U.S. Department of Agriculture – that’s right, the same agency that inspects and approves the meat in grocery stores – is enabling many people to afford a home even if they can’t come up with a traditional down payment because of the economic downturn. The program is designed to help people buy homes in rural areas – but “rural” is loosely defined and in some cases can mean a

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