Robert A. Stack Law Blog

Real property cases in older areas often involve environmental contamination and multiple "responsible parties". It is important to maintain the contact information for anyone who owned or leased the contaminated property and for anyone who may have caused the contamination, including neighbors, contractors, occupants, etc. It is also important to maintain control of any cleanup efforts if you are paying the bill. Finally, it is important to check on whether or not you are covered b... Read More

Although it is necessary to file a lawsuit before a motion for an injunction can be brought (if the lender has not already done so), the rewards can be significant. Injunctions force the lender to be flexible. They force the lender to look at the implied covenant of good faith and fair dealing in every contract and the materiality of the breach. Injunctions are particularly powerful when the property is not upside down. The main issue discussed with respect to an injunction is whether or not... Read More