To find the updated and other Legal Q&As, please go to the Navigation Tab on the left click on "All Legal Q&As" and then go to either Legal Articles (By Title) or Legal Articles (By Category).

The Predatory Lending: The Home Ownership and Equity Protection Act Q&A (April 22, 2013) has been updated as follows:

• Predatory Lending:  The Home Ownership and Equity Protection Act.  This Q&A was formerly named “Predatory Lending: the Federal High Cost Mortgage Disclosure” and has been extensively revised and updated to reflect pending changes to the law as a result of the Dodd-Frank Wall Street Reform and Protection Act.

The Short Sale Fraud Q&A Q&A (February 21, 2013) has been updated as follows:

• Revised to include a warning that unscrupulous entities may pose as non-profit organizations offering HAFA short sales to unsuspecting homeowners, and even soliciting money from real estate agents for certifications or membership into their organizations in exchange for leads or listings. HAFA was amended in March 2011 to allow loan servicers to approve short sales to non-profit organizations for the purpose of renting or reselling the property to the borrower as specified, but REALTORS® and their clients should carefully investigate the qualifications of these organizations before doing business with them.

The Internet Data Exchange (“IDX”) Q&A (February 21, 2013) has been updated as follows:

• Revised to reflect recent changes in NAR’s IDX policy broadening the concept of “electronic display” permitted under the policy.

The Social Networking Q&A (February 21, 2013) has been updated as follows:

• Section III (Potential MLS Violations When Using Social Media) has been revised to reflect recent changes in NAR’s IDX policy impacting “social media.”

The Virtual Office Website (“VOW”) Q&A (February 21, 2013) has been updated as follows:

• Revised to reflect recent changes in NAR’s IDX policy and updated generally.

The Capital Gains Tax and Health Care Reform Tax Impact Q&A (February 8, 2013)  has been updated as follows:

• Question 24 Update of extension of capital gains rates for most taxpayers and increase of capital gains rate for high income taxpayers.

The Medical Marijuana Issues for REALTORS® Q&A (February 7, 2013) has been updated as follows:

• Question 24 Expanded discussion of federal policy and discussion of lack of any safe harbor for medical marijuana activity.
• Question 29 Expanded and citation added to recent federal case on topic of medical marijuana and the ADA.
• Question 31 New question discussing possible options for landlord who does not wish to allow medical marijuana at all.
• Question 32 Revised to expand discussion of conflict between federal and state law.
• Question 40 Question added discussing federal government actions against landlords.
• Question 41 Revised to expand discussion of  conflict between federal and state law.
• Question 57-58 Revised to expand discussion of conflict between federal and state law.

The Independent Contractor Reporting to the California EDD Q&A (January 23, 2013) has been updated as follows:

• Revised to reflect the updated links and telephone numbers on the California EDD website.

The Taxation of Foreclosures and Short Sales Q&A (January 10, 2013) has been updated as follows:

• Question 4 updated to reflect addition of protections for refinance loans effective January 1, 2013.
• Question 9 and 14 updated to reflect extension of the Federal Mortgage Forgiveness Debt Relief Act to 2014 and the current status of California law.

The Property Management Frequently Asked Questions Q&A (January 7, 2013) has been updated as follows:

• Question 24 Update of amount that can be charged for tenant screening fee.
• Question 30 Update and revision of protected categories to reflect 2013 changes to fair housing laws.
• Question 38 Answer revised and expanded.
• Question 53 Question added to address new law regarding landlord’s and certain pets.
• Question 93 Question added to address new law requiring disclosure of a notice of default in effect at the time a lease is entered into

The Deficiency Judgment After Foreclosure Chart Q&A (January 2, 2013) has been updated as follows:

• Revised to reflect changes in the law regarding deficiency judgments and refinanced loans.

The Guide to Loan Disclosures Q&A (January 2, 2013) has been updated as follows:

• Section XIII (Investor Questionnaire and Qualification of Income) was added.

The Deficiency Judgment and California Law Q&A (January 2, 2013) has been updated as follows:

• Revised to reflect changes in the law regarding deficiency judgments and refinanced loans.

For any questions about this Web page, please contact the Legal Editor, Neil D. Kalin, Esq.