Residential
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May 07, 2024
Real Estate Co. Settles Homeowner's Telemarketing Suit
A potential class settled its Telephone Consumer Protection Act suit against a New York real estate company that buys and sells homes, according to a New York federal judge's order.
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May 07, 2024
New Missouri Law Forces Landfills Further From Cities
A new Missouri law will increase the radius for approvals needed from nearby municipalities for several types of landfills to one mile from half a mile, in what the governor called a "win for property rights."
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May 07, 2024
HUD Unveils $5.5B In Housing Grants, New Voucher Reforms
The U.S. Department of Housing and Urban Development announced Tuesday that it will send over 2,400 housing grants worth $5.5 billion to 1,200 American communities, with the agency also detailing reforms to its housing voucher programs.
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May 07, 2024
Contract's 1-Year Limit Doesn't Block NC Mold Claims
A North Carolina appeals court on Tuesday reinstated a couple's suit against a contractor they say failed to remediate water and mold damage in their house, saying the trial court was wrong to find that the contract's one-year limitation on claims applied to the state's Unfair and Deceptive Trade Practices Act.
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May 07, 2024
Ore. Tax Court Drops Values Of Residential Parcels
The Oregon Tax Court ruled that the real market values of two parcels teed up for a residential subdivision should be lowered after agreeing with the owner's comparable sales study and development cost analysis.
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May 07, 2024
Colo. House OKs Conservation Easement Tax Break Extension
Colorado would extend its conservation easement tax credit through 2031 and raise its statewide annual cap on available credits under legislation approved Tuesday by the state House of Representatives.
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May 07, 2024
NY State, Cities Urge Tossing Challenge To Rent Law Tweak
Two upstate municipalities separately urged a New York federal court to dismiss a suit challenging a December amendment to the rent stabilization laws, arguing the particulars of their recent attempts to adopt rent stabilization undermine the landlords' claims.
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May 07, 2024
Colo. Senate Approves Property Tax Cuts
Colorado would extend temporary property tax rate reductions into 2024 and set lower rates for future years under bipartisan legislation passed Tuesday by the state Senate that is forecast to save property owners nearly $1 billion in its first year if enacted.
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May 07, 2024
DLA Piper Pads Real Estate Group With New Chicago Partner
DLA Piper has added a partner to the firm's real estate practice group who will join from Katten Muchin Rosenman LLP, saying the new hire's expertise spans asset classes and deal types.
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May 06, 2024
Housing Nonprofits Sue Over Fla. Land-Buying Law
Florida's S.B. 246 violates the Fair Housing Act and the state's constitution by restricting the land purchases of Chinese citizens and others, according to a suit filed Monday by multiple fair housing nonprofits, a group representing real estate professionals and a Florida real estate brokerage.
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May 06, 2024
NJ Subdivision Assessment Spike Should Remain, Court Says
The property value of a city block bought and developed in New Jersey increased correctly based on the subdivision, the state Tax Court ruled, rejecting the property owner's argument that the assessment was wrong because the city forgot to set the new property lines.
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May 06, 2024
Redfin To Pay $9.2M To Exit Broker Fee Class Action
Redfin disclosed to regulators on Monday that it will pay $9.25 million to end claims that it caused home sellers to pay inflated commissions under rules set by the National Association of Realtors, allowing the company to exit a class action that ensnared several brokerage firms.
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May 06, 2024
Data Privacy Co. Wants Personal Info Suits In NJ State Court
Most of the recently moved lawsuits alleging violations of a New Jersey judicial privacy law should be moved back to state court since the plaintiffs and defendants reside in the Garden State, the data privacy company behind the first-of-their-kind cases has told a New Jersey federal judge.
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May 03, 2024
Freddie Mac, Insurer Settle $32M SEC Probe Coverage Dispute
Government-backed lender Freddie Mac told a Washington, D.C., federal court Friday that it has settled with an insurer in a $32 million coverage suit stemming from civil actions and federal probes around its collapse during the 2008 global financial crisis.
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May 03, 2024
Opendoor Says NAR Settlement Should Aid Growth Efforts
Leadership for Opendoor Technologies Inc. said they expect the online home-selling platform will benefit from the recent proposed legal settlement involving the National Association of Realtors as they expressed confidence in plans to "rescale" their business this year, while discussing the release of its first-quarter earnings.
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May 03, 2024
Realtors Set Aug. Launch Of Broker Fee Changes After Verdict
The National Association of Realtors on Friday said it has adopted a series of policy changes that go into effect Aug. 17 under a settlement to avoid a jury verdict finding the trade group's rules compelled home sellers to pay inflated commissions.
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May 03, 2024
Judge Says Lender Can't Escape CFPB's Loan Data Suit
A Florida federal judge has refused to dismiss the Consumer Financial Protection Bureau's suit accusing mortgage servicer and lender Freedom Mortgage Corp. of violating federal law by submitting inaccurate government mortgage loan data.
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May 03, 2024
Brothers Accuse Cos. Of Mishandling $1.1M EB-5 Investments
Two brothers from India sued companies behind a combination residential-resort project they invested in under the EB-5 investor visa program, telling a Florida federal court that their green card petitions were denied because the companies mishandled their $1.1 million investment.
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May 03, 2024
Akerman Hires Miami-Dade Atty As Chair Of Land Use Team
Akerman LLP hired Dennis A. Kerbel, a veteran Miami-Dade County, Florida, government attorney, as the new chair of its land use and entitlements team in its Miami office, the firm announced.
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May 03, 2024
Stockbridge Real Estate Fund Raises $709M
San Francisco-based Stockbridge Capital Group said Friday that it had closed on a real estate investment fund with $709 million in commitments last month, the largest in its history.
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May 02, 2024
USAA Wrongly Denied Fire Damage Claim, Wash. Couple Says
A Washington couple accused their homeowners insurer of unreasonably denying their fire damage claim despite their timely response to all of the insurer's claim inquiries and requests, further accusing the insurer of violating Washington's Consumer Protection Act and Insurance Fair Conduct Act.
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May 02, 2024
Kushner-Owned Co. Owes $15M For Scrapped Apartment Deal
A New Jersey appeals panel has ordered a company owned by Kushner Cos. LLC to pay $15 million to real estate sellers in a $186 million deal that fell apart during the COVID-19 pandemic.
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May 02, 2024
Split Conn. Supreme Court Says No To 'Ratio' Utility Bills
In a rare 4-3 opinion, the Connecticut Supreme Court on Thursday ruled that a corporate landlord cannot use a ratio utility billing system to divide monthly costs among units not equipped with precise individual meters, stressing a legislative policy of protecting tenants from fluctuating fees beyond their immediate control.
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May 02, 2024
Simpson Thacher Adds Real Estate Partner In NY
Simpson Thacher & Bartlett LLP said on May 2 that it has hired Aron M. Zuckerman, an attorney with experience advising lenders in financing real estate projects, as a partner in its New York office.
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May 02, 2024
GTIS Expands JV With Homebuilder To $6B Worth Of Housing
GTIS Partners has grown its partnership with homebuilder Hovnanian Enterprises to now build $6 billion worth of homes, including new construction in Florida and New Jersey, the companies announced May 2.
Expert Analysis
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Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.
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As The Metaverse Expands, Bankruptcy Questions Arise
Restructuring and bankruptcy happen in the metaverse, too — and the uncertain and evolving rules of digital ownership could have surprising effects on who gets paid, with increasing tension between platforms and users, say Kizzy Jarashow and James Lathrop at Goodwin.
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Stanford Law Protest Highlights Rise Of Incivility In Discourse
The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.
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Dispute Prevention Strategies To Halt Strife Before It Starts
With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.
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Key Takeaways In Ex-NY Lt. Gov.'s Tossed Bribery Charges
In dismissing bribery charges against former New York Lt. Gov. Brian Benjamin, a Manhattan federal court stringently defined an explicit quid pro quo — the latest in a string of federal rulings that have narrowed the use of federal public corruption laws to pursue state-level officials, say attorneys at Arnold & Porter.
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High Court Bankruptcy Ruling Is A Warning To Joint Obligors
The U.S. Supreme Court’s recent ruling in Bartenwerfer v. Buckley opens the door to increased litigation surrounding the dischargeability of joint debts, and although it highlights the heightened risks to debtors posed as members of a partnership, its reach may exceed beyond liability for a partner's fraud, say Andrew Buxbaum and Deborah Kovsky-Apap at Troutman Pepper.
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Practical Skills Young Attorneys Must Master To Be Happier
For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.
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Establishing A Record Of Good Faith In Mediation
Viacom v. U.S. Specialty Insurance, and other recent cases, highlight the developing criteria for determining good faith participation in mediation, as well as several practical tips to establish such a record, says Richard Mason at MasonADR.
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Honchariw Case May Greatly Affect Default Loans In Calif.
Because a California state appeals court held in Honchariw v. FJM that default interest is unlawful when a lender assesses it against the full outstanding principal balance on a partially matured loan, lenders should prepare for borrowers to increasingly rely on the case when challenging default interest, say attorneys at Duane Morris.
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5 Takeaways From Recent CFPB, FTC Equal Credit Push
The Consumer Financial Protection Bureau and Federal Trade Commission overlap in regulating a wide range of banks and nonbanks, and the recent concerted effort from both agencies to address discrimination in financial services should remind organizations to reexamine their anti-discrimination and Equal Credit Opportunity Act compliance, say attorneys at Wiley.
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ABA Opinion Should Help Clarify Which Ethics Rules Apply
A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.
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Where Illinois And Federal Law Differ On Community Finance
As state regulators finalize the implementing regulations in the Illinois Community Reinvestment Act, attorneys at Vedder Price break down the law's material provisions, compare them to those in the federal counterpart and outline what banks in the state can expect.