The Nebraska Trust Deeds Act authorizes individuals or entities to secure performance of an obligation by conveying real property to a trustee by trust deed. Following a breach of the underlying obligation, the Act permits sale of the property by either (1) nonjudicial foreclosure, which relies on the trustee’s power […]
Dirt Alert
103rd Nebraska Legislature, First Session: Real Estate, Renewable Energy and Municipal Law Update
on Monday, 20 May 2013 in
Dirt Alert: David C. Levy, Editor
The 103rd Nebraska Legislature, First Session, is winding to a close with less than three weeks left in the session. Here is an update on the bills we are tracking related to real property, renewable energy and municipal law. 103rd Nebraska Legislature, First Session: Real Estate, Renewable Energy and Municipal Law […]
Joint Statement on Fair Housing Act Accessibility Highlights HUD and DOJ Positions, Including Virtually Unlimited Statute of Limitations
on Monday, 6 May 2013 in
Dirt Alert: David C. Levy, Editor
On April 30, the U.S. Department of Justice (DOJ) and the U.S. Department of Housing and Urban Development (HUD) issued a Joint Statement on the Accessibility (Design and Construction) Requirements for Covered Multifamily Dwellings Under the Fair Housing Act (FHA). The Joint Statement is in question and answer format and […]
HUD Issues Guidance on Service and Assistance Animals
on Tuesday, 30 April 2013 in
Dirt Alert: David C. Levy, Editor
HUD announced today that it has issued a Notice on Service Animals and Assistance Animals for People with Disabilities in Housing. The Notice explains the circumstances under which the Fair Housing Act (FHA), Section 504 of the Rehabilitation Act (Section 504), and the Americans with Disabilities Act (ADA) may require […]
Nebraska Supreme Court Holds Nebraska Trust Deeds Act Does Not Apply to Unsecured Guaranty
on Monday, 29 April 2013 in
Dirt Alert: David C. Levy, Editor
In 2005, Sam Murante formed Sutherlands Plaza, LLC, and began development of property in Omaha, Nebraska. To finance the development, Mutual of Omaha Bank and its predecessor, Nebraska State Bank (“Mutual”), issued several loans to Sutherlands, and Sutherlands executed deeds of trust for the loans. As additional security, Murante executed […]
