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October 10, 2008
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Articles by Benny L. Kass

Author of the weekly Housing Counsel column with The Washington Post for nearly 30 years, Benny Kass is the senior partner with the Washington, DC law firm of Kass, Mitek & Kass, PLLC and a specialist in such real estate legal areas as commercial and residential financing, closings, foreclosures and workouts.

Mr. Kass is a Charter Member of the College of Community Association Attorneys, and has written extensively about community association issues. In addition, he is a life member of the National Conference of Commissioners on Uniform State Laws. In this capacity, he has been involved in the development of almost all of the Commission’s real estate laws, including the Uniform Common Interest Ownership Act which has been adopted in many states.


  
Housing Counsel: If Your Home is Foreclosed, You May Have to Pay TaxOctober 15, 2007
Housing Counsel: New Homes Need InspectionsOctober 8, 2007
Housing Counsel: Full Disclosure Required of Architectural Control CommitteeOctober 1, 2007
Housing Counsel: Condo Owners Have the Right to Inspect Books and RecordsSeptember 24, 2007
Housing Counsel: What's a Short SaleSeptember 17, 2007
Housing Counsel: Be Careful of Low Interest LoansSeptember 10, 2007
Housing Counsel: Buying For the Future, A Good Investment?September 3, 2007
Housing Counsel: First Amendment Protections Nonapplicable in Community AssociationsAugust 27, 2007
Housing Counsel: Amending Your Association Legal DocumentsAugust 20, 2007
Housing Counsel: Tax Treatment of Your Vacation HomeAugust 13, 2007
Housing Counsel: No Deductions For Loss on Your Own HomeAugust 6, 2007
Housing Counsel: Beware the Bird Dog -- Avoid Foreclosure ScamsJuly 30, 2007
Housing Counsel: Should you Litigate or ArbitrateJuly 23, 2007
Housing Counsel: Understanding the Terms of Your MortgageJuly 16, 2007
Housing Counsel: Explaining SubordinationJuly 9, 2007
Housing Counsel: Conflicting Decisions on Commission RebatesJuly 2, 2007
Housing Counsel: The Quagmire Called Square FootageJune 25, 2007
Housing Counsel: Smoking Ban Upheld in One Community AssociationJune 18, 2007
Housing Counsel: Is There Competition Between Real Estate CompaniesJune 11, 2007
Housing Counsel: Tenant Rights Are ParamountJune 4, 2007
Housing Counsel: Is Title Insurance Necessary?May 28, 2007
Housing Counsel: Working With Real Estate ProfessionalsMay 21, 2007
Housing Counsel: Taking Back a Second TrustMay 14, 2007
Housing Counsel: Protecting Your Association AssetsMay 7, 2007
Housing Counsel: Foreclosures are Impacting Condominium ProjectsApril 30, 2007
Housing Counsel: Buying Foreclosure Property is Risky BusinessApril 23, 2007
Housing Counsel: New Seller Disclosure Form for District HomebuyersApril 16, 2007
Housing Counsel: Resolving Disputes Among Your HeirsApril 9, 2007
Housing Counsel: Dividing Property Upon DivorceApril 2, 2007
Housing Counsel: You Don't Need Your Old DeedMarch 26, 2007
Housing Counsel: What Does a Seller Have to Disclose?March 19, 2007
Housing Counsel: Refinance or Sell?March 12, 2007
Housing Counsel: You Need a Home InspectionMarch 5, 2007
Housing Counsel: Like-Kind Starker ExchangeFebruary 26, 2007
Housing Counsel: Capital Gains Tax and DepreciationFebruary 19, 2007
Housing Counsel: Selling Your Home May Be Tax FreeFebruary 12, 2007
Housing Counsel: A Primer on Real Estate TaxationFebruary 5, 2007
Housing Counsel: Looking Forward in 2007January 29, 2007
Housing Counsel: It's Time to Refinance AgainJanuary 8, 2007
Housing Counsel: Federal Judge Tells IRS to Have a HeartDecember 18, 2006
Housing Counsel: Individual Insurance Important for Condominium UnitsDecember 11, 2006
Housing Counsel: No Deposit, No ContractDecember 5, 2006
Housing Counsel: Your Privacy is Lost When You Obtain a Mortgage LoanNovember 27, 2006
Housing Counsel: Tenants in Single Family District Homes Have Right to BuyNovember 20, 2006
Housing Counsel: Disable Persons are Entitled to Reasonable Parking AccommodationsNovember 13, 2006
Housing Counsel: Force Majeure -- Developer's Excuse "De Jeure"November 6, 2006
Housing Counsel: Deducting Interest When You Are Not on TitleOctober 30, 2006
Housing Counsel: What if You Are the Only Condo Buyer?October 23, 2006
Housing Counsel: Subprime Loans May Not Be NecessaryOctober 16, 2006
Housing Counsel: You Have the Right to Fly the American FlagOctober 9, 2006
Housing Counsel: What is Specific PerformanceOctober 2, 2006
Housing Counsel: Who Pays Rent if a Tenant VacatesSeptember 25, 2006
New Contract Form for Washington AreaSeptember 18, 2006
Housing Counsel: Prenuptial DeedSeptember 11, 2006
Housing Counsel: Creative Financing -- A Wrap-Around MortgageSeptember 4, 2006
Housing Counsel: Need Creating Financing? Try Installment SaleAugust 28, 2006
Housing Counsel: New Landlord-Tenant Law in Effect in the DistrictAugust 21, 2006
Housing Counsel: Appraisals 101August 14, 2006
Housing Counsel: Family Feud May Cause Property to be LostAugust 7, 2006
Housing Counsel: Home Inspection Laws -- Modest Fix From the CourtsJuly 31, 2006
Housing Counsel: Who is on Title to Inherited Property?July 24, 2006
Housing Counsel: You Own Two Units, You Pay the TaxJuly 17, 2006
Housing Counsel: When Does a Contract Become a Binding One?July 10, 2006
Housing Counsel: Careful Reading of Your Contract is CriticalJuly 3, 2006
Housing Counsel: When Your Mortgage is Paid OffJune 26, 2006
Housing Counsel: Land Sales Contract, A Useful ToolJune 19, 2006
Housing Counsel: Escrow Agent Cannot Unilaterally Release FundJune 12, 2006
Housing Counsel: Selling to Parents To Avoid Capital Gains Tax?June 5, 2006
Housing Counsel: What's a Wet Settlement?May 29, 2006
Housing Counsel: Mold Was Remediated, Do I Still Disclose?May 22, 2006
Housing Counsel: Quorum Requirements Must Be Strictly EnforcedMay 15, 2006
Housing Counsel: Historic Easements are Alive, But Not So WellMay 8, 2006
Housing Counsel: IRS Monitoring Starker ExchangeMay 1, 2006
Housing Counsel: Locking in Your Mortgage LoanApril 24, 2006
Housing Counsel: Predatory Lending - A Hot TopicApril 10, 2006
Housing Counsel: Beware of TermitesApril 3, 2006
A Widow's Cost BasisMarch 27, 2006
Housing Counsel: Investor Rules of "Pigs" and "Pals"March 27, 2006
Housing Counsel: Don't Forget the Stepped up BasisMarch 20, 2006
Housing Counsel: Predatory LendingMarch 13, 2006
Housing Counsel: Interest Only Loan Potential for DisasterMarch 6, 2006
Housing Counsel: Who is Responsible When Your Tree Falls?February 27, 2006
Housing Counsel: Good Transition for Successful CommunityFebruary 20, 2006
Divorce and Taxes: Is This the End of the Great American DreamFebruary 13, 2006
Housing Counsel: Starker Exchanges Can Defer Your Tax PaymentFebruary 6, 2006
Home Selling Exclusions: A Great Benefit for HomeownersJanuary 30, 2006
Housing Counsel: Mortgage Interest is Deductible and Points May Be DeductibleJanuary 23, 2006
Housing Counsel: Income Tax 101January 16, 2006
Housing Counsel: Happy New YearJanuary 9, 2006
Housing Counsel: How Intrusive Can a Condo Board Be?January 2, 2006
Housing Counsel: Starker and Tax BasisDecember 26, 2005
Housing Counsel: Military and Foreign Service Personnel Get Tax BreaksDecember 19, 2005
Housing Counsel: Citizens Can Change Our LawsDecember 12, 2005
Housing Counsel: Rent or Buy -- A Personal DecisionDecember 5, 2005
Housing Counsel: Avoiding Capital Gains TaxNovember 28, 2005
Housing Counsel: Protecting Your Child's Inheritance Takes Careful PlanningNovember 21, 2005
Housing Counsel: The "Due on Sale" ConceptNovember 14, 2005
Housing Counsel: Before You Purchase a CondominiumNovember 7, 2005
Housing Counsel: Beware of Unsolicited Purchase OffersOctober 31, 2005
Housing Counsel: Computer Glitch May Not Create a WindfallOctober 24, 2005
Housing Counsel: Avoiding a Family FeudOctober 17, 2005
Housing Counsel: Swapping Properties -- What is "Like Kind"?October 10, 2005
Housing Counsel: New Seller Disclosure RequirementsOctober 3, 2005
Housing Counsel: Who's Responsible for Areas Outside Your Condo UnitSeptember 26, 2005
Housing Counsel: Tax Court Has Good News For Point PayersSeptember 19, 2005
Housing Counsel: Buying a New Home, Caveat EmptorSeptember 12, 2005
Housing Counsel: Who Gets the Earnest Money DepositSeptember 5, 2005
Housing Counsel: When Your Contractor Deserts YouAugust 29, 2005
Housing Counsel: Different Tax Rules if You Go into Nursing HomeAugust 22, 2005
Housing Counsel: Vacation Home May Not Meet Starker RulesAugust 15, 2005
Housing Counsel: When The Seller Won't SellAugust 8, 2005
Housing Counsel: Architectural Control GuidelinesAugust 1, 2005
Housing Counsel: Is My Lease Still Valid?July 25, 2005
Housing Counsel: When Your Seller LiesJuly 18, 2005
Housing Counsel: Condominium Living Requires CooperationJuly 11, 2005
Housing Counsel: Taking Title with a FriendJuly 4, 2005
Housing Counsel: Condominium Apathy Starts at the TopJune 27, 2005
Housing Counsel: Protecting the Surviving SpouseJune 20, 2005
Housing Counsel: Water Damage? Is Anyone Responsible?June 13, 2005
Housing Counsel: Disposing of Property No One WantsJune 6, 2005
Housing Counsel: Non-Resident Aliens May Be Subject To Tax WithholdingMay 30, 2005
Housing Counsel: You Paid High and the Appraisal is LowMay 23, 2005
Housing Counsel: When Siblings SquabbleMay 9, 2005
New Bankruptcy Law Will Have Impact On Real EstateMay 2, 2005
Foreclosures Are Up: Avoid Being Another StatisticApril 25, 2005
Housing Counsel: Your Will May Not Always Be HonoredApril 18, 2005
Housing Counsel: To Avoid Contract Disputes, Itemize Items That ConveyApril 11, 2005
Housing Counsel: Before You Dig Call Miss UtilityApril 4, 2005
Be Cautious When You Transfer Property To A FriendMarch 28, 2005
Housing Counsel: Banks Must Honor New Predatory Mortgage Lending GuidelineMarch 21, 2005
Housing Counsel: The IRS May Have Just Given You Some Very Good NewsMarch 7, 2005
Housing Counsel: Amending Community Association Documents Is Not Always EasyFebruary 28, 2005
Housing Counsel: Understanding Promissory NotesFebruary 21, 2005
Understanding The Kick-Out ClauseFebruary 14, 2005
What's A Deed Of Trust?February 7, 2005
Home Office Deductions: A Complex BusinessJanuary 31, 2005
Do The Math Before Choosing A MortgageJanuary 24, 2005
Did Your Lender Mislead You About PMI?January 3, 2005
The Logistics Involved In Buying And SellingDecember 27, 2004
Accepting Liability Is Part Of Hosting A Holiday PartyDecember 13, 2004
Many Questions To Answer Before You SellDecember 6, 2004
Death And Capital GainsNovember 29, 2004
A 15-Year Mortgage: Not A Good IdeaNovember 22, 2004
Defining DefaultNovember 15, 2004
Congress Plugs A Tax LoopholeNovember 8, 2004
Always Obtain A Property SurveyNovember 1, 2004
D.C. Homebuyer Tax Credit Is Now Alive And WellOctober 25, 2004
Your Condo Unit Is Not Ready For DeliveryOctober 18, 2004
Appraisal: Art Or Science?October 11, 2004
IRS Issues Final Regulations On Home SalesOctober 4, 2004
Let The Seller Beware? Tips For Home SellersSeptember 27, 2004
Lost Mortgage Documents May Cause Future ProblemsSeptember 13, 2004
You Can't Screen Potential Board MembersSeptember 6, 2004
Buyers Have Obligations To Inspect Before SettlementAugust 30, 2004
Rental Obligations Do Not Stop For Change In ManagementAugust 23, 2004
Seller's Remedies When Buyer DefaultsAugust 16, 2004
Rent Vs. Sell: Weigh All The Facts Before You Make A DecisionAugust 9, 2004
Condo Board Cannot Gamble With Reserve AccountsAugust 2, 2004
Making Sense Of D.C.'s Strong Tenant RightsJuly 26, 2004
Coordinating Tenant Rights With A Starker ExchangeJuly 19, 2004
Navigating Your Way Through A New-Home PurchaseJuly 12, 2004
You Made A Profit, You Will Have To Pay The TaxJuly 5, 2004
Rates Are Rising: Preserving Your LockJune 28, 2004
You Can Lose Money Without Contract ContingenciesJune 21, 2004
Can't Afford It? Let Your Parents HelpJune 14, 2004
Condominium Abuses: A Continuing SagaJune 7, 2004
End-Run The Lender With A Wrap-Around MortgageMay 31, 2004
Divorce: From Your Spouse And From Your LenderMay 24, 2004
Critical Contract ClausesMay 17, 2004
When Is A Commission Earned?May 10, 2004
Owning Your Home Free And Clear: The Many Facts To ConsiderMay 3, 2004
Two Loans Or One? Will It Work?April 26, 2004
Why You Must Read Your Sales ContractApril 19, 2004
The Importance Of Checking Title StatusApril 12, 2004
Recalling A Member Of Your Board Of DirectorsApril 5, 2004
Reverse Mortgage: A Last Resort?March 22, 2004
Greenspan May Not Be Right About ARMsMarch 15, 2004
Transition From Developer To Owner: Taking ChargeMarch 8, 2004
The Tax Treatment Of PointsMarch 1, 2004
Protesting Neighbors May Provide You Tax ReliefFebruary 23, 2004
New Law Provides Relief For Military PersonnelFebruary 16, 2004
Divorce And Taxes: Is It The End Of The Great American Dream?February 9, 2004
Starker Exchanges: Follow The RulesFebruary 2, 2004
How Important Is Your Principal ResidenceJanuary 19, 2004
Tax Issues: More Complicated This YearJanuary 12, 2004
Happy New Year To AllJanuary 5, 2004
Use Of Repurchase Agreement Is GrowingDecember 29, 2003
What Should You Disclose To Potential Buyers?December 22, 2003
What Is A Power Of Attorney?December 15, 2003
Written Contracts Are Essential For Major RenovationsDecember 1, 2003
Refinance Now: It's A Numbers GameNovember 10, 2003
Confirming Your Mortgage BalanceNovember 3, 2003
Do You Need Title Insurance?October 20, 2003
Limiting The Liability Of Home InspectorsOctober 13, 2003
Who Is Responsible When Your Tree Falls?October 6, 2003
Using The Reverse StarkerSeptember 29, 2003
Dogs And Fences: An Architectural DilemmaSeptember 22, 2003
How Escrow Accounts Really WorkSeptember 15, 2003
Lender Under No Obligation To Return FeesSeptember 8, 2003
Architectural Controls: Where's The Beef?September 1, 2003
What To Do If You Lose Your LockAugust 25, 2003
Seek Immediate Help If You Have Mortgage Payment ProblemsAugust 18, 2003
Living Trusts Are Not For EveryoneAugust 11, 2003
An Explanation Of The Legal Documents Required In Buying A HouseAugust 4, 2003
Don't Hesitate To Make A Low Bid To A SellerJuly 28, 2003
Death and TaxesJuly 21, 2003
Use Caution With Interest Only LoansJuly 14, 2003
Paying Off Your MortgageJuly 7, 2003
Many Options For Selling Rental PropertyJune 30, 2003
Avoiding Interest Overlap When You RefinanceJune 23, 2003
Helping Your Children Buy Their HouseJune 16, 2003
Be Wary Of The All Cash OfferJune 9, 2003
Can The Cooperative Reject You For Membership?June 2, 2003
Using Your "Dead" EquityMay 26, 2003
Should I Take Back A Second Trust?May 19, 2003
Combine A Starker With Your Principal ResidenceMay 12, 2003
Property Survey Always Wise, Usually RequiredMay 5, 2003
What's The Best Way To Take Title?April 28, 2003
What's A Deed Of Trust?April 21, 2003
How Do You Know Your Mortgage Balance Is Correct?April 14, 2003
Understanding - And Avoiding - Adverse PossessionApril 7, 2003
What Is a COFI Loan?March 31, 2003
Condo Board Members Need Insurance ProtectionMarch 24, 2003
Figuring Out Your Condominium FeeMarch 17, 2003
Leasehold Condos/Coops: When The Lease Comes To An EndMarch 10, 2003
Starker Exchanges: A Very Useful Tax ToolMarch 3, 2003
Points and Home Equity Loans Deserve Close AttentionFebruary 24, 2003
Capital Gains: What If You Don't Own Your House For Two Years?February 17, 2003
New IRS Rules On The Home Sale ExclusionFebruary 3, 2003
This May Be A Difficult Year To Determine Your Tax ObligationsJanuary 27, 2003
Military Personnel Have Strong Rights: A Primer On The Soldiers and Sailors Relief ActJanuary 20, 2003
2002 Is No More: A Look At 2003January 13, 2003
Housing Counsel: Can You Force A Seller To Sell?January 6, 2003
Refinancing: An Annual Event?December 23, 2002
Understanding - And Deferring - Capital GainsDecember 16, 2002
Sticker Shock For New District HomebuyersDecember 9, 2002
An IRS Reminder About Refinance PointsDecember 2, 2002
Keeping Peace With Your Live-In: Get a Written Agreement Before Your BuyNovember 25, 2002
Housing Counsel: Holding Another Party HarmlessNovember 18, 2002
Where Is Your Principal Residence?November 11, 2002
Tax Consequences Need Careful ConsiderationNovember 4, 2002
Selecting A Condominium Property ManagerOctober 28, 2002
There is Still Time to Take Advantage of DC's First Time Home Buyer's Tax Credit.October 21, 2002
Housing Counsel: ABC Of HomebuyingOctober 7, 2002
Business Judgment Rule Guides Condo Board's RoleSeptember 30, 2002
Loan Obligations Continue Despite DivorceSeptember 23, 2002
Giving Property As a Gift Requires Creative Tax and Financial PlanningSeptember 16, 2002
Don't Be Afraid To Enforce Those RulesSeptember 9, 2002
Homeowner's Insurance: A Threat To HomeownersSeptember 2, 2002
Housing Counsel: When Is Time Of The Essence?August 26, 2002
When Is A Buyer In Default?August 19, 2002
"Zero Tolerance" Is Key To Collecting Delinquent AssessmentsAugust 12, 2002
Lowering Your Capital Gains Tax ObligationsJuly 29, 2002
Pros And Cons of Living TrustsJuly 22, 2002
Can You End-Run The Two Year Rule?July 15, 2002
Improving Your Home? Have a Good ContractorJuly 11, 2002
How Many Board Members Should We Have?July 8, 2002
What's A Fixture?June 21, 2002
Transfering, Selling "En Famille"June 17, 2002
Understanding A Lease With Option To PurchaseJune 7, 2002
Arbitration VS. Litigation: A Difficult ChoiceMay 27, 2002
Don't Buy If You Can't Afford It!May 13, 2002
When Loan Payments Go AstrayMay 6, 2002
Protecting Your Association AssetsApril 29, 2002
What's The Purpose Of A Sales Contract?April 22, 2002
Don't Do Work On Someone Else's HouseApril 15, 2002
Paying Your Monthly Mortgage Bi-WeeklyApril 1, 2002
Taking Over Control From Your DeveloperMarch 25, 2002
If Your Lender Pays Your Real Estate Tax, Monitor It CarefullyMarch 18, 2002
What Constitutes A Contract?March 11, 2002
Funds in Escrow: Whose Money Is It?March 4, 2002
Housing Counsel: Understanding The Stepped-Up BasisFebruary 25, 2002
Avoiding The "Junk" Fees at SettlementFebruary 18, 2002
Should Community Associations Allow Home OfficesFebruary 11, 2002
How To Make Tax Time Less CostlyFebruary 4, 2002
Will Your Home Sale Create A Tax Bill?January 28, 2002
How To Deduct Points & InterestJanuary 21, 2002
How To Keep Peace In The FamilyJanuary 14, 2002
Here's Looking At You: 2002January 7, 2002
Paperwork Overwhelms Closing ProcessDecember 31, 2001
Can A Bank's Rental Ban Stick If Not Enforced?December 28, 2001
Can Condo Rentals Be Banned?December 17, 2001
Active Duty Personnel Gain Relief Under Old LawDecember 10, 2001
The ABC's Of Paying Off Your MortgageDecember 3, 2001
Refinancing "Do's And Don'ts"November 26, 2001
Minority Homeowners Hit Hard By Predatory LendersNovember 19, 2001
How Important Are Reserve Accounts?November 12, 2001
Act Now! -- Old Claims Lose Potency With TimeNovember 5, 2001
Don't Let Illegal Flipping Get Your HomeOctober 29, 2001
Fly The American Flag!October 22, 2001
What Happens When Surprise Liens Are Found?October 15, 2001
To Float Or Lock, That Is The Rate QuestionOctober 8, 2001
What To Do When Financial Trouble StrikesOctober 1, 2001
Can One Co-Owner Mortgage A Property?September 24, 2001
Gifts Of Real Estate To Children Not A Good IdeaSeptember 17, 2001
Which Real Estate Company Should I Join?September 10, 2001
Architectural Control Committees: Do They Serve A Need?August 27, 2001
Should I Pay Off My Loan Early?August 20, 2001
Buy With Care, Not With SpeedAugust 13, 2001
What Does "Due On Sale" Mean?August 6, 2001
How To Take Title With A FriendJuly 30, 2001
So You Want To Add A "Mother-In-Law Suite"?July 23, 2001
What Happens When Association Control Shifts?July 16, 2001
It's Better To List Than LoseJuly 9, 2001
Community Apathy: The Cost of Letting Others Do It!July 2, 2001
How To Use Second Trusts To Sell Your HomeJune 25, 2001
Navigating The Rent Control MorassJune 18, 2001
What It Means When Your Loan Is SoldJune 11, 2001
Can Your Condo Community Bar Investor Owners?June 4, 2001
How To Challenge Low AppraisalsMay 21, 2001
Who Owns The Property If An Owner Dies?May 14, 2001
How Your Parents Can Help You BuyMay 7, 2001
How To Choose Condo ManagementApril 30, 2001
Who Gets The Earnest Money Deposit?April 23, 2001
Refinancing Pros and ConsApril 16, 2001
Contract Clauses For BuyersApril 9, 2001
Escalation Clauses: Buyer BewareApril 2, 2001
Condo Disputes Often Addressed By Legal SystemMarch 26, 2001
Keeping Ahead of Home Improvement ContractorsMarch 19, 2001
"Tell All" When Selling? You Bet!March 5, 2001
How Long Should You Keep Tax Records?February 26, 2001
Starker Exchanges: Deals Without DollarsFebruary 19, 2001
How To Get Big Write-Offs When You SellFebruary 12, 2001
Points: What They Are And How To Deduct ThemFebruary 5, 2001
What's Your Principal Residence? Tax Experts Not Always CertainJanuary 29, 2001
It's Tax Time Again!January 22, 2001








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