John Colby Cowherd is an attorney at Cowherd PLC where he represents investors, owners and family-owned businesses in motions, trials, administrative action and arbitration. He also blogs about real estate legal issues in the courts (and in the cinema) at WordsofConveyance.com.
He can be reached by email at john@cowherdplc.com or by phone at (703) 884-2894.
Check Your Privilege, Home-Owners Association
When the client is an incorporated association and not an individual, questions arise as to which people function as the “client” as far as attorney-client privilege is concerned.
- 01/13/2017
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- Residential Property
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- Article
Construction Defect Warranty Claims
Construction defect warranty claims are a frequent source of conflict between contractors and new home buyers. There are issues to keep in mind when construction defects are not resolved amicably and legal paths are pursued for resolution.
- 12/12/2016
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- Residential Property
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- Article
Court Determines that an HOA Is Not Legally Valid
HOAs and Condominiums derive from the covenants and state statutes’ powerful tools to use against homeowners. However, if the association does not meet the legal definition of a HOA or condo, then it cannot use the statuary toolbox.
- 08/17/2016
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- Residential Property
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- Article
HOAs Prepare for a Zombie Foreclosure Apocalypse
The industry should educate and advocate for owners in these situations in order to keep the HOA model from turning into an unsustainable dead end.
- 04/04/2016
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- Residential Property
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- Article
San Bernardino Landlord Holds Controversial Open House
Was the California landlord to the terrorist couple entitled to open up the rental property to news media? A story of interest to any landlord with elderly tenants or who rents in a community with a crime problem.
- 12/14/2015
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- Contracts & Leasing
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- Article
Plaintiff Sanctioned for Intimidating Lawsuit
Experienced trial lawyers know that judges disfavor parties using litigation as a means of inflicting extra punishment on their opponent beyond the outcome of the case.
- 12/01/2015
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- Financing & Taxes
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- Article
Confidentiality Terms in Litigation Settlement
When parties to lawsuits finally agree in principle to resolve dispute, sometimes one side will request insertion of confidentiality terms in litigation settlement. These “gag orders” typically forbid the parties from disclosing the terms of the settlements.
- 12/01/2015
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- Law
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- Article
Are Dinosaurs a Nuisance or Merely Provocative?
If your neighbor or community association are interfering with your rights to use your own property, don’t give them the pleasure of responding to the provocation with an attack, escalating the conflict in a risky way.
- 11/18/2015
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- Residential Property
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- Article
How Can Purchasers Protect Themselves at Foreclosure Sales?
Foreclosures come at lower prices because of greater risks. But there are strategies that foreclosure investors can easily take to increase their probability of success.
- 11/11/2015
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- Residential Property
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- Article
Common Misconceptions about Home Builder Warranties
Home buyers want assurances that someone will correct defects in construction to make it conform to what they bargained for. Mistaken beliefs about builder's warranties can interfere with good decision-making.
- 10/22/2015
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- Residential Property
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- Article
Do Your Association’s Parking Rules Pass the Smell Test?
An association’s parking rules effect the owners’ essential right to access one’s property. This means that whoever enforces community parking restrictions makes quality of life decisions for everyone.
- 09/10/2015
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- Residential Property
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- Article
Can a Buyer Sue a Seller's Real Estate Agent?
Unfortunately, some defects cannot be easily discovered during the home inspection. For example, a structural defect may be concealed by drywall or other obstructions. With other houses, flooding problems may only be apparent after heavy rains.
- 08/10/2015
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- Residential Property
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- Article
Valuable Voices of Dissenting Directors in Homeowners Associations
Dissenting directors in homeowners associations may feel sometimes like a still small voice in the wilderness. Even when it may not be immediately fruitful, small voices may nonetheless be influential voices.
- 07/22/2015
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- Residential Property
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- Article
Buying a Home Through Realtors Versus Foreclosure Sales
Many buyers look to foreclosures in the hope of finding a bargain. But sometimes foreclosure investments do not work out well even for seasoned investors.
- 07/02/2015
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- Residential Property
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- Article
You May Be Targeted for Condominium Termination
Under the law of many states, a super-majority of condominium unit owners have the right to sell all of the units and common areas to an investor without the consent of the dissenting owners and directors.
- 06/22/2015
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- Residential Property
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- Article
Resolutions for Homeowners Dealing with Construction Defects
When a contractor makes mistakes in construction, renovation or repair, the owner or tenant has to live with those defects every day until the problem is resolved.
- 12/09/2014
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- Residential Property
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- Article
Court Confirms Border Between Maryland and Virginia is Changing
The boundary between Maryland and Virginia has been the subject of legal disputes for hundreds of years. On August 29, 2014, the Maryland Court of Special Appeals added another chapter to this “meandering” tale.
- 09/14/2014
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- Residential Property
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- Article
Engineer Personal Liability: Signed, Sealed & Delivered?
Does a professional seal and signature create personal duties to a customer above & beyond a professional services contract?
- 06/03/2014
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- Residential Property
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- Article
What is a Revocable Transfer on Death Deed?
The Virginia Real Property Transfer on Death Act is a new gadget in the toolbox for crafting a plan that addresses individual desires and circumstances.
- 05/29/2014
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- Estate Planning
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- Article
Dealing With Trust Issues
Two new court opinions show how breach of fiduciary duty claims against foreclosure trustees require legal interpretation of the deed of trust. If the lender and trustee digress from its procedures, impartiality may be easier to prove.
- 05/21/2014
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- Residential Property
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- Article
What Difference Does It Make?
If a bank makes a technical error in the foreclosure process, what difference does it make? This article explores new legal developments regarding the materiality of breaches of mortgage documents.
- 05/16/2014
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- Residential Property
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- Article
Mortgage Fraud Shifts Risk of Decrease in Value of Collateral
The U.S. Supreme Court affirmed that the Mandatory Victims Restitution Act to applies to the sales price obtained by the bank selling a property post foreclosure as a partial “return” of defrauded loan proceeds.
- 05/06/2014
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- Mortgages
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- Article
Unlicensed Real Estate Agent Costs Brokerage $6.6 Million Commission
What tasks can real estate brokerages assign to employees lacking a real estate license? What risks does a brokerage run from allowing unlicensed agents to manage relationships with clients and other parties to the transaction?
- 04/16/2014
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- Contracts & Leasing
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- Article
Landlord Strategies for Avoiding Security Deposit Disputes
A lawsuit over a prior tenant’s security deposit can create a big distraction to a landlord. Proving damages can be a time intensive activity. Fortunately, many of these disputes are avoidable.
- 04/10/2014
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- Contracts & Leasing
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- Article
How Should the Courts Determine Mortgage Fraud Restitution?
For mortgage fraud restitution, it can be difficult adjusting a loan balance for a foreclosure. In a criminal case, how much of an off-set is the defendant entitled for the home when the bank forecloses on it?
- 03/06/2014
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- Mortgages
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- Article
