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11 Real Est. Litig. 1 (2012-2013)

handle is hein.aba/relit0011 and id is 1 raw text is: 











Fall 2012, Vol. 11 No. I


TABLE OF CONTENTS


Articles
Homeowners' Association Case May Signal Change in Unconscionability Analysis
By Kenneth R. Van Vleck and Bryan M. Haynes
Can an arbitration provision, written by a developer even before an owners' association was created, still
bind the association to arbitrate its differences with the developer?

A Cross-Examiner's Primer: The Real Estate Appraisal Expert
By Kevin H. Brogan
Arm yourself with tools to analyze the appraiser's testimony and ideas on how to undermine those
opinions of value.

Recent Mortgage-Related Proposals by the CFPB
By Paul M. Gales
The Consumer Financial Protection Bureau is seeking to curtail lender overreach, educate consumers,
and simplify the complex aspects of obtaining and managing a mortgage.

Significant Changes to North Carolina's Mechanic's Lien and Bond Laws
By Eric Biesecker and Greg Higgins
Two controversial bills make the most dramatic revisions to the laws in 40 years.

FRCP 45 Proposed Amendments: Changing Subpoena Procedures
By Katherine S. Kayatta
Rule 45 has several ambiguities and quirks that can often be confusing.


News & Developments))
Sewer Connection Charges: Allowable Fees or Impermissible Taxes?
The Massachusetts SJC recently held that municipalities may assess fees related to such work on
developers seeking new connections to a community's sewer system.

Old Theories Can Succeed in Challenges to Condo Termination Plans
Some Florida homeowners have been successful in challenging the terminations on the very basic theory
of freedom to contract.

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