Category Real Estate, Construction & Environmental

BrownWinick Attorneys Named to 2023 Best Lawyers® List

BrownWinick is pleased to announce that 33 lawyers have been included in the 2023 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. BrownWinick would like to congratulate the following attorneys named to the 2023 The Best Lawyers... Read More

BrownWinick Attorneys Named to 2022 Best Lawyers® List

BrownWinick is pleased to announce that 21 lawyers have been included in the 2022 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. BrownWinick would like to congratulate the following attorneys named to the 2022 The Best Lawyers... Read More

Clarification Provided on Remote Notarizations

On March 24, 2020, the Iowa Secretary of State issued guidance for remote notarizations. It clarifies that remote notarization must comply with Section 6 of Senate File 475 and Iowa Administrative Code 721-43, Iowa Code chapter 9B, as summarized in our previous post, Remote Notary Now an Option. Per the Iowa Secretary of State’s guidance, remote... Read More

Remote Notary Now an Option

Iowa law requires a notary officer to acknowledge real estate documents that will be recorded, including deeds and mortgages. For years, the acknowledgement required the party signing the document to personally appear before a notary officer. Personal appearance did not include appearances that require video, optical, or similar technology.... Read More

Effects of COVID-19 on 1031 Exchange Deadlines

Following President Trump’s emergency declaration on March 13, 2020, with respect to the COVID-19 outbreak, the U.S. Treasury Department (the “Treasury Department”) and Internal Revenue Service (“IRS”) issued guidance on special payment relief to individuals and businesses. However, as of the date of this post, no extensions or other relief apply... Read More

Evictions Postponed due to Impacts of COVID-19

In light of the economic impacts of COVID-19, federal and state authorities are taking steps to suspend evictions and foreclosure actions. Evictions Governor Reynolds suspended the regulatory provisions governing evictions under the Iowa Uniform Residential Landlord and Tenant Act, the Manufactured Home Communities or Mobile Home Parks Residential... Read More

Do I Need to Buy a Phase I Environmental Site Assessment Before I Buy Real Property?

Purchasing contaminated real property can potentially bring significant liability upon a buyer. Conducting a Phase I Environmental Site Assessment (a “Phase I”) early in the due diligence process can provide a purchaser with a defense to such liability if done right. A Phase I is a relatively minor upfront cost to avoid potentially costly issues... Read More

Criminal Screening under Fair Housing

While having a criminal record is not a protected characteristic under the Fair Housing Act (“FHA”), the U.S. Department of Housing and Urban Development (“HUD”) closely regulates criminal history-based restrictions on housing if, without justification, criminal history-based restrictions burden renters of one race or national origin over another.... Read More