Residential
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October 17, 2024
9th Circ. Upholds Wash. City's Anti-Car Camping Law
A Ninth Circuit panel has rebuffed a veteran's challenge to a Washington city's ordinance that he says displaced residents living in their vehicles, ruling Oct. 17 that the ordinance does not violate his purported right to intrastate travel, which the judges said may not exist to begin with.
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October 17, 2024
Pa. Appeals Court Stops Damaged Philly Building's Demolition
A Pennsylvania appellate court has tossed a lower court order that required the demolition of a seven-story Philadelphia apartment building that had a partial façade collapse in September 2022.
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October 17, 2024
Milton Brings High Insured Costs, Familiar Pressures To Fla.
While Florida avoided a worst case scenario following Hurricane Milton's landfall, insurance experts say that the high cost of the storm will add familiar pressures to a Florida homeowners insurance market that has been battered for years by storms.
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October 17, 2024
NJ Atty Disbarred On Charges Of Stealing Over $600K
A New Jersey attorney accused of stealing over $600,000 from several clients through fraudulent real estate transactions over the last 10 years has been disbarred in New Jersey state and federal court.
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October 17, 2024
5th Circ. Tosses Policyholder's Hurricane Coverage Suit
The Fifth Circuit affirmed the dismissal of a National Flood Insurance Program policyholder's suit seeking coverage for at least $100,000 in hurricane damage to a Mississippi beachfront property, saying it was time-barred and failed to allege any extracontractual duties.
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October 16, 2024
NYC Condo Building's Revised Ch. 11 Plan Gets Confirmation
A New York federal bankruptcy judge has confirmed the owner of a Manhattan condominium complex's revised Chapter 11 plan, signing off on the planned restructuring after initially sending it back for revisions in late September, according to a notice filed Wednesday.
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October 16, 2024
Hurricanes Stir Questions On 'Acts Of God' In Contracts
The predictability of extreme weather events is bringing renewed attention to force majeure clauses in real estate contracts and whether incidents like a pair of devastating hurricanes in Florida can really be classified as unforeseeable "act of God" events.
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October 16, 2024
Real Estate Lenders Are Borrowers In Debt Funds' Rise
Private credit may have stepped in to fill the void when banks pulled back significantly from lending to commercial property owners, but that doesn't mean banks have left the picture.
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October 16, 2024
11th Circ. Says No Claim For Taking Until Permit Is Denied
The Eleventh Circuit ruled Wednesday that Fane Lozman — houseboat owner, activist and thorn in the side of the Riviera Beach, Florida, city government — cannot yet bring his claims for a regulatory taking of his property against the city because he has not applied for a permit or zoning variance.
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October 16, 2024
Feds Deny That West Bank Sanctions Hamper Free Speech
The Biden administration rebuffed claims by a group of U.S. and Israeli citizens that a sanctions program covering extremist actors in the Israeli-occupied West Bank restricts their free speech rights, saying that merely opposing U.S. foreign policy goals isn't a sanctionable offense.
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October 16, 2024
DC Tenant Atty Says There's No Evidence Of ERAP Fraud
Washington, D.C., officials recently changed the city's Emergency Rental Assistance Program to address what they called a crisis stemming from some tenants misusing the initiative, but the district hasn't shown evidence of misuse and the updates will likely cause more harm than good, a Legal Aid DC attorney told Law360 Real Estate Authority in an interview.
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October 16, 2024
NC Panel Won't Reignite Duke Energy Case Over House Fire
A split panel of the North Carolina Court of Appeals declined to revive a liability suit brought against Duke Energy Corp. and a contractor it hired to install new meters at its customers' homes after one of those contractors allegedly caused a bed to catch fire leading to $130,000 in damage.
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October 16, 2024
Dallas Officials OK $54M Townhomes Development Project
Dallas' City Plan Commission unanimously approved Steinbridge Group's $54 million plans to develop 180 three-bedroom townhomes in the city's Capella Park neighborhood, the real estate development and investment firm announced.
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October 16, 2024
Lender To Pay $10M To Settle Birmingham Redlining Claims
The Consumer Financial Protection Bureau and the U.S. Department of Justice said a mortgage lender the agencies accused of redlining in Birmingham, Alabama, will pay nearly $10 million and open a loan office in a majority-Black neighborhood to resolve the claims.
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October 16, 2024
Short Supply Continues To Drive Home Price Growth
Single-family home prices moderated only slightly in the third quarter of 2024, as tight supply continues to constrain the market even as mortgage rates drop, per Fannie Mae's Home Price Index.
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October 16, 2024
Barings Offers $134M Refi For NC Apartment Complex
Barings has provided a five-year, $134 million loan to refinance the debt for a 283-unit, mixed-use North Carolina apartment complex, the real estate investment management company announced.
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October 16, 2024
4th Circ. Affirms Judgment In Foreclosure Bid-Rigging Case
The Fourth Circuit backed a North Carolina federal court and tossed part of an appeal by a real estate company founder and others of a jury verdict that they rigged bids in foreclosure auctions in violation of state and federal antitrust laws.
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October 15, 2024
CFPB Funding Shouldn't Stop Texas' Fraud Suit, Judge Says
A Houston federal magistrate judge has endorsed allowing the state of Texas to proceed with a real estate fraud suit against land developer Colony Ridge, rejecting objections tied in part to the Consumer Financial Protection Bureau's funding from Federal Reserve "earnings."
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October 15, 2024
Realtors Ask High Court To Quash DOJ Antitrust Probe
The National Association of Realtors has petitioned the U.S. Supreme Court for review of a ruling that would allow the U.S. Department of Justice's Antitrust Division to reopen an investigation into the trade group's rules and policies after an earlier settlement.
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October 15, 2024
PE Firm Nets $300M Recapitalization For Brooklyn Tower
Alpaca Real Estate has obtained $300 million to recapitalize The Axel, a 29-story, 284-unit Class-A residential tower in Brooklyn, New York, the real estate-focused private equity firm announced Tuesday.
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October 15, 2024
Mich. Judge Unsure If PE Firm's Loan Broke Usury Law
The interest rate on a private equity firm's loan to a Detroit house-flipping venture exceeded usury limits, but it was unclear whether the lender knowingly charged an excessive rate, a Michigan state judge ruled after the case returned from a trip to the Michigan Supreme Court.
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October 15, 2024
NYC Real Estate Week In Review
Gutman Weiss and Price Law Firm are among the firms that guided the largest New York City real estate deals that hit public records last week, with three of the week's five largest deals being Brooklyn matters.
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October 15, 2024
Real Estate Fintech Fundraises $184M For 'Fix-And-Flip' Loans
Backflip funded its residential transition loans by raising $184 million worth of capital that will allow the real estate fintech company to "continue scaling its sought-after loan product offerings to members," the company said Tuesday.
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October 15, 2024
Lit Funder-Backed Co. Says NJ Judicial Privacy Law Is Valid
A New Jersey judicial privacy law is not unconstitutional since it requires that defendants act negligently by knowingly violating the law, a data privacy company said in seeking to prevent the dismissal of dozens of lawsuits, which the company also acknowledged are being funded by third-party litigation funder Parabellum Capital LLC.
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October 15, 2024
Blank Rome, Nixon Peabody Guide NYC Section 8 $96M Refi
Camber Property Group LLC secured a $96.2 million refinancing from Merchants Capital Corp, tied to four Brooklyn, New York, Section 8 multifamily properties, in a deal guided by Blank Rome LLP.
Expert Analysis
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How 3D Printing And Prefab Are Changing Construction
The growing popularity of trends like 3D printing technology and prefabrication in the construction industry have positive ramifications ranging from reducing risks at project sites to streamlining construction schedules, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Wave Of Final Rules Reflects Race Against CRA Deadline
The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.
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A Deep Dive Into High Court's Permit Fee Ruling
David Robinson and Daniel Golub at Holland & Knight explore the U.S. Supreme Court's recent ruling that a local traffic impact fee charged to a California property owner may be a Fifth Amendment taking — and where it leaves localities and real estate developers.
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The Case For Overturning Florida Foreclosure Ruling
A Florida appellate court's recent decision in Desbrunes v. U.S. Bank National Association will potentially put foreclosure cases across the state in jeopardy, and unless it is reconsidered, foreclosing plaintiffs will need to choose between frustrating and uncertain options in the new legal landscape, say Sara Accardi and Paige Knight at Bradley.
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Bracing For The CFPB's War On Mortgage Fees
As the Consumer Financial Protection Bureau homes in on the legality of certain residential mortgage fees, the industry should consult the bureau's steady stream of consumer lending guidance for hints on its priorities, say Nanci Weissgold and Melissa Malpass at Alston & Bird.
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DOJ Consent Orders Chart Road Map For Lending Compliance
Two recent consent orders issued by the U.S. Department of Justice as part of its efforts to fight mortgage lending discrimination highlight issues that pose fair lending compliance risks, and should be carefully studied by banks to avoid enforcement actions, says Memrie Fortenberry at Jones Walker.
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Reverse Veil-Piercing Ruling Will Help Judgment Creditors
A New York federal court’s recent decision in Citibank v. Aralpa Holdings, finding two corporate entities liable for a judgment issued against a Mexican businessman, shows the value of reverse veil piercing as a remedy for judgment creditors to go after sophisticated debtors who squirrel away assets, says Gabe Bluestone at Omni Bridgeway.
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Calif. Housing Overhaul May Increase Pressure On Landlords
Two recently enacted California laws signal new protections and legal benefits for tenants, but also elevate landlords' financial exposure at a time when they are already facing multiple other hardships, says Laya Dogmetchi at Much Shelist.
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New Proposal Signals Sharper Enforcement Focus At CFIUS
Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.
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Climate Disclosure Mandates Demand A Big-Picture Approach
As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.
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Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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Illinois EV Charging Act Sparks Developer Concerns
A recent state law in Illinois requiring multifamily housing to provide facilities for electric vehicle charging raises significant concerns for developers over existing infrastructure that isn't up to the task, says Max Kanter at Much Shelist.
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What NAR Settlement Means For Agent Commission Rates
If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.