Residential
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May 31, 2024
Judge Rejects Home Service Workers' Class Cert. Redo Bid
A Colorado federal judge once again refused to fully certify a putative class of home service professionals who accused HomeAdvisor Inc. and other parties of running a scheme where poor quality customer leads were generated and sold to home service professionals.
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May 31, 2024
NJ Judge Says Mortgage Lender's Counterclaim Falls Flat
A New Jersey federal judge tossed an unfair competition counterclaim brought by Nationwide Mortgage Bankers Inc. in a trade secrets suit by its rival Paramount Residential Mortgage Group, ruling that Nationwide Mortgage's counterclaim allegations do not actually count as unfair competition under Garden State law.
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May 30, 2024
CFPB To Probe 'Junk Fees' In Mortgage Closing Costs
The Consumer Financial Protection Bureau said Thursday that it will scrutinize how "junk fees" may be making it more expensive to purchase a home, kicking off a broad inquiry that could presage a crackdown on rising mortgage closing costs.
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May 30, 2024
Real Estate Investor Beats Niece's Suit Over Fall At LA Home
Real estate investor and philanthropist Stanley Black can't be held liable for injuries suffered by his niece when she tripped and fell on the driveway of his Sunset Boulevard mansion, a California state appeals court has ruled, saying there's no evidence of defects on the driveway she walked on many times before.
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May 30, 2024
Colo. Creates Low-Income Housing Investment Tax Credit
Colorado will allow an income tax credit for investments in certain low-income housing projects and increase the amount of affordable housing tax credits it offers under a bill signed Thursday by Democratic Gov. Jared Polis.
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May 30, 2024
Mass. Foreclosure Law May Be Unconstitutional, Judge Says
A Massachusetts law blocking towns and cities from returning excess funds from foreclosure sales may be an unconstitutional taking, a federal judge has said.
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May 30, 2024
2 Firms Guide $84M Loan For Fla. Multifamily Project
Centennial Bank inked an $84.4 million loan for the joint venture behind a multifamily development in Fort Lauderdale, Florida, which secured local support with plans to reserve 10% of the units at workforce housing levels of affordability.
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May 30, 2024
Interest Rates Knock Pending Home Sales, NAR Says
Pending home sales in the U.S. declined by 7.4% in April year-over-year, and rising interest rates are to blame, the National Association of Realtors said May 30.
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May 30, 2024
Fried Frank, Kirkland Pilot $1.55B Multifamily Portfolio Deal
Brookfield, advised by Fried Frank Harris Shriver & Jacobson LLP, bought a $1.55 billion portfolio of U.S. multifamily properties from Starwood Capital Group, guided by Kirkland & Ellis LLP, in a recently closed deal, a spokesperson for Starwood confirmed this week.
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May 30, 2024
High Court Calls For 2nd Circ. Redo In BofA Preemption Fight
The U.S. Supreme Court on Thursday threw out a Second Circuit decision that freed Bank of America NA from class action litigation brought over a New York escrow interest law, ruling that the circuit court wasn't "nuanced" enough in finding the law preempted for national banks.
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May 29, 2024
Judge Won't Ban Rent Law Tweak Amid Landlords' Suit
A New York federal court refused to issue a preliminary ruling blocking enforcement of a December amendment to the state's rent stabilization laws, saying the landlords who filed suit failed to show the changes violated either the Fourth or the 14th amendments.
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May 29, 2024
DACA Holder Accuses Fla. Credit Union Of Discrimination
A man with temporary immigration protections through the Deferred Action for Childhood Arrivals program is accusing Florida's third-largest credit union of unlawfully denying him a home loan based on his immigration status, in a suit filed Wednesday in federal court.
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May 29, 2024
Fla. Gov. Signs Bill Requiring Greater HOA Transparency
Florida Gov. Ron DeSantis signed a bill on Wednesday that requires homeowners' associations to give physical or digital copies of their rules and covenants to members.
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May 29, 2024
Dream Finders Closes $412M Land Banking Deal After Buy
400 Capital Management LLC and affiliate Builder Capital said Wednesday that they have closed on a $412 million land banking deal with Dream Finders Homes to acquire more than 4,000 residential home sites in Nashville, Tennessee; Charleston, South Carolina; and Greenville, South Carolina.
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May 29, 2024
MicroEra Power Plots New Phase For Thermal Energy Storage
As buildings are increasingly powered by renewable energy, Rochester, New York-based MicroEra Power is working on a thermal storage solution that it says offers many advantages over current lithium batteries. Here's a look at this property technology company's vision, its progress so far and what its leaders see ahead.
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May 29, 2024
Nestle Purina Sued Over Foul Odors At Denver Plant
Two Colorado residents hit Nestle Purina PetCare Co. with a proposed class action in federal court Tuesday, saying the company's pet food manufacturing facility emits gag-inducing odors that have disrupted lives and reduced property values.
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May 29, 2024
Walker & Dunlop GC Departs As Deputy Fills Shoes For Now
The longtime top attorney for commercial real estate finance and advisory services firm Walker & Dunlop Inc. has left the company after nearly 14 years, and Walker & Dunlop's deputy general counsel is taking over in the interim.
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May 29, 2024
Ex-Freddie Mac Appraisal Chief Talks Bias And Sizing-Up Risk
As regulators tackle bias in single-family housing, Martin Skolnik, who served as chief appraiser for Freddie Mac multifamily for 13 years, suggests applying the same scrutiny to multifamily appraisals.
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May 29, 2024
Greenberg Traurig Gets 30-Year Tax Break From Saudi Arabia
Greenberg Traurig LLP is among the first law firms to get licensed as a regional headquarters, or RHQ, company in Saudi Arabia, allowing the firm to take advantage of a major tax break, the firm announced Tuesday.
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May 28, 2024
Goldman Family Battles Over Evidence In Property Biz Suit
Relatives of Jane Goldman, an heiress of Sol Goldman's New York City property empire, argued that a contract she has said establishes her authority over the family's real estate business is of "dubious origin."
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May 28, 2024
Pittsburgh Agency Sues Over Utility Acces On $100M Complex
The Pittsburgh Water and Sewer Authority sued a developer and other city officials to maintain its ability to service a water and sewer main underneath a $100 million apartment complex after a city attorney's decision wiped out the agency's objection to a building permit for the project.
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May 28, 2024
Jones Day, King & Spalding Rep Blackstone, Bank's $1B Deal
Blackstone has bought a $1 billion senior mortgage loan portfolio from Deutsche Pfandbriefbank after the German bank revealed plans to offload it, with the all-cash transaction shaped by Jones Day and King & Spalding LLP.
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May 28, 2024
First Citizens Bank Lends $74M For Brooklyn Apartments
First Citizens Bank has provided a $74 million secured senior loan to real estate investor and developer Lonicera Partners for a 23-story, 160-unit multifamily apartment building in Brooklyn, New York, the bank announced Tuesday.
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May 28, 2024
Ex-Florida Atty Accused Of Failing To Deliver Condo Proceeds
A disbarred attorney was sued in Florida state court by a client who alleged fraud and breach of fiduciary duty in a Miami Beach condominium foreclosure action, saying he misappropriated more than $68,000 in proceeds.
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May 28, 2024
High Court Urged To Review NY Rent Law Challenge
Four interested third parties have urged the U.S. Supreme Court to review a suit challenging two 2019 changes to New York rental laws, arguing that high court intervention is needed to protect property rights across the country.
Expert Analysis
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Calif. Ruling May Open Bankruptcy Trustees To Tort Liability
In Martin v. Gladstone, a recent California appellate court decision, the application of tort concepts to bankruptcy trustees could pose a new concern for trustees and federal receivers when controlling and maintaining commercial property, says Jarrett Osborne-Revis at Buchalter.
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5th Circ. Ruling May Beget Fraud Jury Instruction Appeals
The Fifth Circuit’s recent U.S. v. Greenlaw decision, disapproving disjunctive fraudulent-intent jury instructions, will likely spawn appeals in mail, wire and securities fraud cases, but defendants must show that their deception furthered ends other than taking the victim's property, says Charles Fowler at McKool Smith.
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Considerations For Navigating Mixed-Use Developments
As mixed-use developments continue to rise in popularity, developers considering this approach to urban planning must be aware of key considerations ranging from title and zoning laws to proper engagement with stakeholders, says Mehdi Sinaki at Michelman & Robinson.
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1st Tax Easement Convictions Will Likely Embolden DOJ, IRS
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.
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How CRE Loans Would Shift Under New Bank Capital Rules
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.
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Proactive Measures While NY Foreclosure Law Is In Limbo
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.
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EB-5 Investment Period Clarification Raises More Questions
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.
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How NY Residential Property Condition Disclosure Is Shifting
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.
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Conn. Banking Brief: The Notable Compliance Updates In Q3
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.
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Mass. Banking Brief: The Notable Compliance Updates In Q3
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.
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Insurance Rulings Continue Expansion Of Appraisal's Ambit
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.
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In The CFPB Playbook: The Bureau In The Courts
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.
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Fintech Cos. Should Consider Asset-Based Financing For RE
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.