Archive for 2012:

Does acceptance of late payments equal a loan modification or waiver of rights?

This is an often litigated issue with significant ramifications.  The Superior Court of New Jersey recently become one of a long line of courts to address this issue.  In that case (Bank of America v. Princeton Park) the Court found that the acceptance of late payments did not equal a loan modification or waiver of […]

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Garcia v. Andonie – Homestead Exemption and Residing Thereon

The Florida Supreme Court recently upheld the Third District Court of Appeal’s holding that Florida Statute Section 196.031(1)’s language “and who resides thereon” was invalid and unenforceable because it tried to substantively alter or materially limit the Constitutionally protected homestead rights.  The Court then went on to reemphasis that the plain language of the Florida […]

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EPA and CWA Action Brought Through APA

In Sackett v. E.P.A., 132 S.Ct. 1367 (2012) the Sacketts received a compliance order from the Environmental Protection Agency alleging that their property was subject to the Clean Water Act and that they violated that act by filing in protected wetlands. The Supreme Court held that the EPA’s compliance order was a final agency action […]

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