The Federal Clean Water Act (and many other statutes) makes it clear that any development has to comply with a no net-loss standard when it comes to impacting wetlands and other natural resources. Project proponents who could impact a wetland must first attempt to avoid the impact, then if an impact is inevitable minimize the impact. Finally, the party must mitigate for any impacts that do occur. Boiling that down, if you impact an acre of wetland, you have to replace it with at least another acre of wetland.

With recession on the minds of many, it’s critical to take a look at all of the documents you have on hand and the terms they establish for your transaction. If it’s not clear who will pay amongst the guarantors following a default, it’s time to reflect on that and create clarity.

Selling a residential property can be a big effort for any homeowner. From ensuring the property is in proper shape, identifying and resolving any title issues and setting the right price, there are many potential pain points in the process where major concerns could pop up.

As a seller of a commercial or residential property, there are many things to consider as you go through the sales process and review of offers on the property. In some cases, those offers could contain proposals from buyers that are asking for seller financing – i.e. for the seller to convey title but carry a portion of the purchase price after the sale.

The residential or commercial foreclosure process is never an easy one for property owners. At Holmquist + Gardiner we help property owners understand their rights during a foreclosure process.

What most people do not know about the foreclosure process is that if there is money left over from the sale of a property in foreclosure and after satisfying debt claims, those funds may be eligible to go back to the prior owner.