Residential

  • February 13, 2024

    $1.37M Conn. Contract Suit Revived After Counsel Secured

    A federal breach of contract lawsuit arising from the construction of an apartment complex in Hartford can proceed now that the plaintiff has secured new counsel, a judge in the District of Connecticut ruled Tuesday in overturning her own decision to kill the case last October.

  • February 13, 2024

    Insurer, Apartment Owner Agree To End Hail Damage Dispute

    The owner of a 12-building apartment complex near Texas A&M University has agreed to end a dispute in Texas federal court with its insurer over $4 million in hail damage coverage.

  • February 13, 2024

    4th Circuit Sinks Golf Course's Suit Over Rezoning Bid

    The owner of Hilton Head National Golf Club in South Carolina won't get a shot at developing a mixed-use project on its property after a panel of appeals judges agreed with a lower court's ruling that halted the project.

  • February 13, 2024

    NY Senate OKs Giving Tax Relief To Storm-Damaged Homes

    New York municipalities would have authority to reduce assessments of residential properties that are rendered uninhabitable by severe storms under a bill the state Senate approved Tuesday.

  • February 13, 2024

    Ohio Property Owner Freed Of Penalty For Treasurer's Mistake

    An Ohio property owner is entitled to a waiver of a property tax late payment penalty, the state Board of Tax Appeals said Tuesday, finding that the payment was timely mailed and the county treasurer misallocated payments among certain parcels.

  • February 13, 2024

    Mo. Senate Panel OKs Tax Credits For Office Conversions

    Missouri would allow property owners to claim tax credits to partly offset the cost of converting nonresidential property from office use to residential or other uses under a bill approved by the state Senate's Economic Development and Tax Policy Committee.

  • February 13, 2024

    Mass Arrests In NYC Housing Bribe Case Trouble Attys

    An anti-corruption crackdown targeting New York City public housing workers accused of taking bribes for contract work is raising eyebrows among defense lawyers, who critiqued what they saw as a heavy-handed approach even as many envision quick, favorable resolutions.

  • February 13, 2024

    Chicago Says Trade Groups Can't Stop Real Estate Tax Vote

    The city of Chicago asked a state court to toss a suit filed by a coalition seeking to block an upcoming referendum on whether the city should implement tiered rates for real estate transfer taxes, arguing that the court lacks jurisdiction to intervene in the legislative process.

  • February 13, 2024

    Real Estate Rumors: Ares Management, Somerset, MBS Group

    Ares Management has reportedly purchased a 14-building portfolio in New Jersey for $118.5 million, a Somerset Properties venture is said to have bought a North Carolina industrial building for $11 million, and MBS Group has reportedly leased 300,000 square feet in Queens.

  • February 13, 2024

    Ex-Cushman Brokers Ordered To Return Confidential Info

    A New York federal judge ordered two former Cushman & Wakefield brokers facing a trade secrets suit to return the brokerage's confidential information, stop soliciting its employees and clients and to stop using its referral sources.

  • February 13, 2024

    Fla. Condo Wants Full Coverage For $1.7M Hurricane Damage

    A condo association told a Florida federal court that its National Flood Insurance Program insurer has refused to fully cover about $1.7 million in flood and storm damage in 2022 from Hurricane Ian.

  • February 13, 2024

    Agency Sets Lender Guidelines For Real Estate Appraisals

    A government organization that oversees institutions including the Federal Deposit Insurance Corp. and the Consumer Financial Protection Bureau offered a glimpse into how its members will discourage discrimination in real estate valuations and bias in lending decisions for home loans, which has been a recent topic of litigation.

  • February 13, 2024

    Akerman Grows In NY With Real Estate, Corporate Additions

    Akerman LLP recently announced two additions to its New York office: a former Faegre Drinker Biddle & Reath LLP partner and an attorney who helped launch the Washington, D.C., office of an international law firm.

  • February 12, 2024

    Insurer Says No Coverage For Idaho Murderer And Family

    A mentally ill suspected cannibal and his wealthy mining family do not have insurance coverage for a wrongful death suit brought on behalf of a murdered, mutilated groundskeeper and his family, the insurer told an Idaho federal court.

  • February 12, 2024

    7th Circ. Says Plaintiffs' Strategy Doomed Lead Paint Appeal

    The Seventh Circuit has largely rejected a bid to revive toxic tort cases brought by roughly 170 plaintiffs allegedly harmed by lead paint pigment, saying a trial ruling dashing some members' claims applied broadly to almost the entire group.

  • February 12, 2024

    Flagstar Takes Aim At 'Nonsensical' $3M Signature Fraud Suit

    Flagstar Bank has urged a New York federal judge to toss a cash advance lender's suit that seeks millions of dollars allegedly stolen from its account at Signature Bank years before the bank failed, saying the theory that Flagstar should be on the hook for Signature's liabilities as its acquirer is "nonsensical."

  • February 12, 2024

    Real Estate Co. Asks NC High Court To Review Shutdown

    A real estate company wants the North Carolina Supreme Court to review a lower court's decision to block the company from operating in the state after finding that it fraudulently locked homeowners into high-interest loans.

  • February 12, 2024

    NAR Taps Keller Williams' Views In New Commission Trial Bid

    With Keller Williams Realty agreeing to a settlement with the plaintiffs in the Western Missouri federal case involving alleged agent commission-fixing, the National Association of Realtors adopted the brokerage's arguments in favor of a new trial.

  • February 12, 2024

    NJ Landlords Hit With Discrimination Violation Notices

    Housing providers in 12 New Jersey counties violated the state's fair housing law by asking applicants about their criminal history, state officials said Monday.

  • February 12, 2024

    Md. Bill Aims To Expand Eligibility For Homestead Tax Credit

    Maryland would expand eligibility for the state's homestead property tax credit to include homeowners' additional residences under a bill introduced in the state House of Delegates.

  • February 12, 2024

    Hawaii Tenants Say Water Pollution Suit Belongs In Court

    A proposed class of tenants urged a Hawaii federal judge to stop their water pollution claims against their landlord from heading to arbitration, arguing that state law and not federal law determines whether the arbitration provisions in their lease agreements can be enforced.

  • February 12, 2024

    RealPage Renters Ask To Grow Class Despite Venue Flaw

    Renters bringing a class action against RealPage Inc. argued that a Tennessee federal judge overseeing the case has the power to bring in new plaintiffs, even as a group of property management companies claims a petition contains disqualifying flaws.

  • February 12, 2024

    2 More Exit NY Housing Voucher Discrimination Suit

    A Brooklyn-based real estate agency and a landlord are the latest to be freed from a wide-ranging litigation filed by a housing rights nonprofit accusing dozens of landlords and real estate brokers of discriminating against renters who use housing vouchers.

  • February 09, 2024

    Calif. YIMBY Law Expands Housing Program To Other States

    California-based YIMBY Law plans to offer its services across the country to try to force cities and towns to cut red tape blocking affordable and market-rate housing development.

  • February 09, 2024

    No Coverage In Home Remodel Row, Insurer Says

    State National Insurance Co. should have no duty to defend or indemnify a general contractor accused of submitting fraudulent invoices for a home remodel, the insurer told a California federal court, arguing that two faulty work exclusions are applicable.

Expert Analysis

  • 1st Tax Easement Convictions Will Likely Embolden DOJ, IRS

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    After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.

  • How CRE Loans Would Shift Under New Bank Capital Rules

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    Attorneys at MoFo discuss how commercial real estate loans would fare under federal banking agencies' proposed changes to how large banks risk-weight loans, particularly how CRE loans are weighed based on the current standardized framework versus the proposed expanded approach.

  • Proactive Measures While NY Foreclosure Law Is In Limbo

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    While questions about the scope and constitutionality of New York's Foreclosure Abuse Prevention Act might not be resolved by courts for years, lenders, borrowers and other interested parties can take action to protect their rights and potentially expedite appellate review, say Allison Schoenthal and Andrew Kim at Goodwin.

  • EB-5 Investment Period Clarification Raises More Questions

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    U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.

  • How NY Residential Property Condition Disclosure Is Shifting

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    New York's recent significant amendments to the Property Condition Disclosure Act provide a new focus on the risk and damage from flooding, and the changes will affect the duties and standard of practice for real estate brokers, as well as liability and compliance for sellers and landlords, says Steven Ebert at Cassin & Cassin.

  • Conn. Banking Brief: The Notable Compliance Updates In Q3

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    The most notable legal changes affecting Connecticut financial institutions in the third quarter of 2023 included increased regulatory protections for consumers, an expansion of state financial assistance for underserved communities, and a panoply of tweaks to existing laws, says Brian Rich at Barclay Damon.

  • Mass. Banking Brief: The Notable Compliance Updates In Q3

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    Among the most significant developments in the financial services space in the third quarter of the year, the Massachusetts Supreme Judicial Court handed down a stunning endorsement of the state's fiduciary duty rule, and banking regulators continued their multiyear crackdown on unregistered entities, say attorneys at Mintz.

  • Insurance Rulings Continue Expansion Of Appraisal's Ambit

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    Two recent Illinois insurance cases allowing property damage appraisers to determine causation — Wysoczan v. Cambridge in federal court and Shelter v. Morrow in state appellate court — perpetuate a judicial trend that will result in a slower, more expensive and cumbersome appraisal process that resembles litigation, says Matthew Fortin at BatesCarey.

  • In The CFPB Playbook: The Bureau In The Courts

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    From defending the constitutionality of its funding and the scope of its rulemaking authority in the courts to releasing more nonbinding guidance, the Consumer Financial Protection Bureau had a busy summer. Orrick's John Coleman discusses all this and more in the second installment of quarterly bureau activity recaps by former CFPB personnel.

  • Fintech Cos. Should Consider Asset-Based Financing For RE

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    Fintech companies that own or plan to acquire real property may be able to utilize asset-based financings to access more efficient and cost-effective forms of capital beyond traditional venture capital sources, say attorneys at Mayer Brown.

  • What To Consider When Converting Calif. Offices To Housing

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    In light of California legislators' recent efforts to expedite the process for converting offices into residential buildings, developers should evaluate both the societal upsides, and the significant economic and legal hurdles, of such conversions, says Steven Otto at Crosbie Gliner.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • 9 Consumer Finance Issues To Note From CFPB Report

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    A recent report from the Consumer Financial Protection Bureau highlights abusive consumer finance tactics that the agency uncovered during supervisory examinations over the last year — among the most significant issues identified: deceptive practices in automotive loan servicing, and consumer reporting and debt collection compliance failures, say attorneys at Troutman Pepper.