Real Estate Transactions : Cases and Materials on Land Transfer, Development and Finance

by Korngold, Gerald

• ISBN13: 9781587780585
• ISBN10: 1587780585
• Edition: 4th
• Format: Hardcover
• Copyright: 2002-05-01
• Publisher: West Academic

Summary

Updated and expanded, Real Estate Transactions: Cases and Materials on Land Transfer, Development and Finance provides an overview of this growing area of law. Highlights of the new edition include a new section on the globalization of American real estate transactions and finance; new cases on the basic elements of the real estate transaction, including brokers, contract conditions, contract remedies, escrow arrangements, legal descriptions, the recording system, mortgage refinancing, and installment sales agreements; increased coverage of the secondary market for mortgages and Federal National Mortgage Association and Freddie Mac transactions; and expanded coverage of shopping center development, including percentage rent and subordination agreements.

Table of Contents

Preface	v
Table of Cases	xix
PART ONE Basic Elements of the Real Estate Transaction	1	(564)
Arranging the Deal	2	(70)
An Introduction to the Conveyancing Industry	2	(13)
Lawyers	15	(15)
Brokers	30	(42)
Performing the Contract	72	(82)
Risk of Loss	72	(9)
Statute of Frauds	81	(8)
Contract Conditions	89	(28)
The Calculus of Remedies	117	(37)
Closing the Contract	154	(90)
The Formalities of Transfer	156	(37)
Liabilities That Survive the Deed	193	(51)
Assuring Title	244	(102)
The Record System	244	(58)
Abstracts, Opinions and Title Insurance	302	(24)
Increasing the Efficiency of Title Assurance	326	(20)
Financing the Purchase	346	(175)
The Forms, Sources and Terms of Home Finance	346	(56)
Junior Liens	402	(17)
Transfers of Mortgaged Property and Mortgage Interests	419	(26)
Mortgage Default	445	(61)
Financing Through the Land Sale Contract	506	(15)
Federal Income Tax Considerations	521	(15)
Building on the Basics: Condominium and Other Communal Arrangements for Home Ownership	536	(29)
Management and Control	543	(7)
Restraints on Alienation	550	(4)
Restrictions on Occupancy and Use	554	(11)
PART TWO Elements of the Commercial Real Estate Transaction	565	(482)
Federal Income Tax Considerations	568	(87)
Tax Planning: How Property Is Held	568	(19)
Deductions: Leverage, Depreciation and Tax Shelter	587	(38)
Disposition: Deferring the Recognition of Gain (and Loss)	625	(30)
Commercial Land Finance	655	(292)
Mortgages	657	(101)
Leases	758	(46)
Properties in Distress	804	(55)
The Impact of Environmental Regulation on Real Estate Transactions	859	(67)
Globalization of American Real Estate Transactions and Finance	926	(21)
Building on the Basics: The Shopping Center Development	947	(100)
The Concept	948	(9)
Assembly and Finance	957	(29)
Leasing and Operations	986	(61)
Index	1047