Residential
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November 14, 2024
NY Contractor Cops To Aiding Theft In Commercial Bribe Case
A New York contractor pled guilty on Thursday in the Manhattan district attorney's commercial bribery case alleging dozens of construction industry defendants conspired to steal from developers in a sprawling kickback scheme involving $100 million in contracts.
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November 13, 2024
Flash Points In Early Months Of NY's Good Cause Eviction Law
With more than six months of good cause eviction protections for New Yorkers in the rearview mirror, early disputes over the state law are bubbling up in housing court as a steady flow of cities opt in to the tenant-friendly framework.
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November 13, 2024
Meet The Atty, Developer Who'll Be Middle East Special Envoy
President-elect Donald Trump has named Witkoff Group CEO and former real estate lawyer Steven Witkoff as special envoy to the Middle East, a move that could portend an infrastructure-focused, pro-Israel policy stance as the war in Gaza persists.
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November 13, 2024
NYC Bans Broker Fees For Tenants On Veto-Proof Vote
The New York City Council on Wednesday approved a bill that would prevent landlords from passing on their own broker fees to tenants, in a step ending the practice that's mostly exclusive to New York and Boston.
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November 13, 2024
Insurer Says Condo That Prevented Hunting Has No Coverage
The insurer for a homeowners association asked a South Carolina federal court Wednesday to determine that a dispute over the organization's attempt to ban residents from hunting deer on their property was not owed coverage under its policy's provisions.
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November 13, 2024
$1.2M Excessive Hammering Spat Not Covered, Insurer Says
An insurer for a Nashville subcontractor told a Tennessee federal court that it doesn't owe coverage for an underlying $2.5 million lawsuit brought by residents surrounding a project site where the subcontractor was doing demolition work, arguing that the underlying suit falls under several exclusions.
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November 13, 2024
Insurer Says No Coverage For House Fire Caused By Owner
A property insurer said it doesn't owe coverage to a woman whose Biloxi, Mississippi, home was destroyed in a fire, telling a federal court that its investigation into the loss suggested that the owner started the blaze.
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November 13, 2024
Dentons, Gibson Dunn Advise $128M NYC Rental Tower Buy
Los Angeles-based CIM Group has unloaded an apartment building in the Lenox Hill neighborhood of New York City to the Carlyle Group for $128 million, in a deal advised by Gibson Dunn & Crutcher LLP and Dentons.
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November 13, 2024
Goulston & Storrs Real Estate Attys Talk Distress Playbook
As commercial real estate distress continues to play out, attorneys are seeing lenders adopt new strategies to save or reduce their exposure to troubled assets, sometimes working in tandem with investors looking to purchase such loans.
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November 13, 2024
MVP: Fried Frank's Matthew D. Parrott
Matthew Parrott of Fried Frank Harris Shriver & Jacobson LLP secured a major victory for a big hotel property lender in Manhattan and Los Angeles in a foreclosure suit and clinched a win in a notable case over an eminent domain petition in Texas, earning him a spot as one of the 2024 Law360 Real Estate MVPs.
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November 13, 2024
Jones Day Real Estate Ace Jumps To Greenberg Traurig In LA
Greenberg Traurig LLP is expanding its West Coast real estate team, bringing in a Jones Day real estate transactions pro as a shareholder in its Los Angeles office.
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November 12, 2024
'I Had A Dream': NJ Ponzi Schemer Gets 12 Years
A New Jersey federal judge on Tuesday sentenced the operator of a defunct real estate investment fund to 12 years in prison, the maximum term under his plea deal for a $658 million Ponzi scheme, after considering his emotional plea for leniency that drew upon his admiration for the Rev. Dr. Martin Luther King Jr.
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November 12, 2024
NYC Real Estate Week In Review
Sheppard Mullin and Fried Frank are among the law firms that steered the largest New York City real estate deals that hit public records last week, with the week's largest transactions including several trades of Manhattan residential units.
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November 12, 2024
Nationstar Gets COVID-19 Loan Aid Suit Tossed For Good
Nationstar Mortgage has beaten for good a lawsuit alleging it wrongly denied COVID-19 loss mitigation assistance for delinquent mortgages, with a Pennsylvania federal judge ruling homeowners did not amend their suit to prove the company violated the law.
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November 12, 2024
Developers Seek Dual $15M Deals In Conn. Mixed-Use Case
A pair of companies connected to Connecticut developers Paxton Kinol and Brandon E. Lacoff have indicated that they'd be willing to accept two settlements of $15 million each to end their accusations that investors diverted $293.5 million in sale proceeds through a self-serving transfer agreement.
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November 12, 2024
Kennedy Wilson Inks $175M Financing For NJ Tower
Global real estate investment company Kennedy Wilson originated a $175 million senior construction loan for Kushner Real Estate Group's 595-unit multifamily tower slated for development in Jersey City, New Jersey, the lender announced on Tuesday.
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November 12, 2024
SD AG Issues Explanation Of Property Tax Hike Limit Initiative
South Dakota's attorney general released a final explanation for an initiative that could appear on the state's 2026 general election ballot and would limit annual property tax assessment increases for nonagricultural property, according to a news release published Tuesday.
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November 12, 2024
Freddie Mac Gets Partial Win In SEC Probe Coverage Dispute
Government-backed mortgage buyer Freddie Mac cannot obtain coverage solely because its employees received subpoenas from the U.S. Securities and Exchange Commission, a D.C. federal court ruled while also holding that the lender's excess insurers cannot challenge a lower-layer insurer's coverage determination.
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November 12, 2024
High Court Declines Remaining NY Rent Stabilization Suits
The U.S. Supreme Court will not probe a Second Circuit decision upholding a lower court's dismissal of two suits challenging distinct provisions of New York's Housing Stability and Tenant Protection Act of 2019, a contentious tenant-friendly change to state rental regulations.
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November 08, 2024
Ga. Judge Sets 2nd Trial Plan For Solar Farm Damages Fight
A Georgia federal judge said he's moving ahead with plans for a second jury to decide how much in damages the owner and developers of Lumpkin Solar Farm owe a neighboring property owner for harms stemming from runoff and some 1,000 cubic yards of sediment that have washed off the site.
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November 08, 2024
Judge Won't Pause Housing Order In LA Campus Suit
A California federal judge has refused to pause his order requiring the federal government to put out contract offers for the construction of temporary housing on a Los Angeles campus that's at the heart of a class action filed by disabled, homeless military veterans who accused the federal government of misusing the property.
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November 08, 2024
Investors Duped By Opportunity Zone Promises, Colo. Says
Colorado's securities commissioner accused a California businessman on Thursday of selling investors on a project ostensibly meant to purchase single-family homes using a federal program for revitalizing economically distressed areas, while instead using company assets as a "personal piggy bank."
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November 08, 2024
NJ Appeals Panel Rejects Convicted Ex-Atty's Bid For Relief
The New Jersey Appellate Division turned down on Friday a former attorney's bid for review of her conviction on participating in an $873,000 mortgage fraud scheme, in which she claimed she was barred from the full range of cross-examination at trial that she should have had the right to.
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November 08, 2024
Opendoor Widely Cuts Costs Amid Tough Housing Market
Executives at Opendoor Technologies Inc. said the digital home-selling platform has turned to cost-cutting measures, including laying off 17% of its workforce, as the housing market continues to buckle under pressure in the third quarter of 2024.
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November 08, 2024
Nixon Peabody Helps Boston Supportive Housing Land $153M
A Boston housing development nonprofit, with guidance from Nixon Peabody LLP, obtained $153 million in financing to develop a 19-story, 126-unit supportive housing project in the city, the law firm announced.
Expert Analysis
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How High Court Ruling Is Shaping Homelessness Policies
The U.S. Supreme Court’s June decision in Grants Pass v. Johnson to allow enforcement of local ordinances against overnight camping is already spurring new policies to manage homelessness, but the court's ruling does not grant jurisdictions unfettered power, say Kathryn Kafka and Alex Merritt at Sheppard Mullin.
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Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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After Chevron: Don't Let Loper Lead To Bank Compliance Lull
Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.
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Maryland 'Rain Tax' Ruling May Offer Hope For Tax Credits
A Maryland state appellate court's recent decision in Ben Porto v. Montgomery County echoes earlier case law upholding controversial stormwater charges as a valid excise tax, but it also suggests that potential credits to reduce property owners' liability could get broader in scope, says Alyssa Domzal at Ballard Spahr.
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Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Decoding CFPB Priorities Amid Ramp-Up In Nonbank Actions
Based on recent Consumer Financial Protection Bureau enforcement actions and press releases about its supervisory activities, the agency appears poised to continue increasing its scrutiny over nonbank entities — particularly with respect to emerging financial products and services — into next year, say attorneys at Wiley.
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Shipping Containers As Building Elements Require Diligence
With the shipping container market projected to double between 2020 and 2028, repurposing containers as storage units, office spaces and housing may become more common, but developers must make sure they comply with requirements that can vary by intended use and location, says Steven Otto at Crosbie Gliner.
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7th Circ. Ruling Expands CFPB Power In Post-Chevron Era
The Seventh Circuit’s recent ruling in Consumer Financial Protection Bureau v. Townstone Financial interprets the Equal Credit Opportunity Act broadly, paving the way for increased CFPB enforcement and hinting at how federal courts may approach statutory interpretation in the post-Chevron world, say attorneys at Saul Ewing.
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Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Tips For Lenders Offering Texas Home Equity Lines Of Credit
As interest in home equity lines of credit increases, lenders seeking to utilize such products in Texas must be aware of state-specific requirements and limitations that can make it challenging to originate open-end lines of credit on homestead property, says Tye McWhorter at Polunsky Beitel.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Expect CFPB To Enforce Warning Against 'Coercive' Fine Print
The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.
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How NJ Worker Status Ruling Benefits Real Estate Industry
In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.