Residential

  • November 27, 2024

    Compass NJ Tapped To Sell $33M Miles Guo Mansion In Ch. 11

    The trustee handling the Chapter 11 of exiled Chinese businessman and convicted fraudster Miles Guo asked the Connecticut bankruptcy court to let him hire four agents with residential real estate firm Compass to sell a historic 58-room mansion in Mahwah, New Jersey.

  • November 27, 2024

    Mich. Bill Would Bar Local Property Tax Caps Tied To Rate Cut

    Michigan would bar local governments from imposing caps on annual property tax revenue that require an automatic rate reduction as part of a bill introduced in the state House of Representatives.

  • November 27, 2024

    Data Cos. Lose Challenge To NJ Judicial Privacy Law

    A federal judge has ruled that the New Jersey judicial privacy and security measure known as Daniel's Law is constitutional, handing a defeat to a large group of data brokers accused of illegally posting judges' names and addresses online.

  • November 27, 2024

    Howard Hughes Corp. Beats Hurricane Harvey Flood Suit

    A Texas state appellate court has sided with Howard Hughes Corp. and an engineering company in an appeal brought by homeowners who claimed the companies were liable for property damage caused by Hurricane Harvey in August 2017.

  • November 26, 2024

    NAR Buyer-Broker Settlement Approved Over DOJ Concerns

    A Missouri federal judge granted final approval Tuesday to the National Association of Realtors' antitrust settlement with home sellers, signing off on a $418 million payment and changes to broker commission rules, as NAR and the plaintiffs assailed the U.S. Department of Justice for raising last-minute concerns about the deal. 

  • November 26, 2024

    NYC Lawmakers Detail Breakdown Of $5B Housing Plan

    The New York City Council's $5 billion "City for All" initiative aims to provide more funding for affordable housing development and preservation, a down payment assistance program, infrastructure investments and more, the city lawmakers announced.

  • November 26, 2024

    9th Circ. Pauses Ruling For VA To Build Vets' Housing

    The Ninth Circuit paused a federal judge's order for the U.S. Department of Veterans Affairs to build housing for veterans on a Los Angeles campus, allowing time for several constituents to weigh in on the matter.

  • November 26, 2024

    New Orleans Property Owner Revives Bid To Nix Arbitration

    A New Orleans property owner has again urged a Louisiana federal judge to overturn his order forcing it to arbitrate a $7 million Hurricane Ida damage claim with 11 insurers for a block of luxury apartments and retail shops, pointing to a recent ruling by the state's top court.

  • November 26, 2024

    Nonprofit Wins Right To Buy In LIHTC Verdict Against Investor

    A California federal jury allowed an affordable housing nonprofit to take possession of a 320-unit Long Beach complex built with low-income housing tax credits over arguments from an investor challenging the transfer after buying into a partnership for the development.

  • November 26, 2024

    NY Authorizes County, City To Raise Tax Rates On Hotel Stays

    New York authorized Dutchess County and the city of Hudson to increase taxes on hotel and motel stays under legislation signed by Democratic Gov. Kathy Hochul.

  • November 26, 2024

    7th Circ. Says Insurer Must Defend $3.4M Faulty Work Row

    An architectural design firm's commercial general liability insurer must defend it and its owner against faulty work claims seeking more than $3.4 million in damages, the Seventh Circuit ruled, after the Illinois Supreme Court overturned prior appellate precedent siding with insurers in such disputes.

  • November 25, 2024

    Gov't Defends EB-5 Rule That Hikes Up Petition Fees

    The U.S. Department of Homeland Security and its U.S. Citizenship and Immigration Services agency pushed for an early win in Texas federal court against a suit challenging increases for filing fees for petitions related to USCIS' EB-5 immigrant investor program.

  • November 25, 2024

    NY State Court Strikes Rent Stabilization In Poughkeepsie

    A New York state court judge vacated the city of Poughkeepsie's recent adoption of rent stabilization, finding that an underlying housing vacancy survey too broadly interpreted a state law that raised the stakes for landlords that failed to cooperate with such surveys.

  • November 25, 2024

    Feds Want Ex-FBI Agent's Bribery Appeal Tossed

    Federal prosecutors have told the D.C. Circuit to reject an ex-Federal Bureau of Investigation agent's appeal of his bribery convictions in a property buying scheme, arguing there was "sufficient evidence" against him.

  • November 25, 2024

    US Bank Loses Bid To Block Fla. Case Over Condo Ponzi Debt

    A federal judge denied a motion from U.S. Bank in abstaining from a Florida condo association's state court moves to free itself from a bond debt tied to a development district that was established nearly two decades ago by the architects of a Ponzi scheme.

  • November 25, 2024

    NJ Judge Allows Nonprofit To Join Affordable Housing Fight

    A New Jersey nonprofit is aligned with the state's government in a challenge to a new affordable housing obligation framework it adopted, but that alignment of goals does not mean the nonprofit should not also be allowed to intervene on the case, a Garden State judge said in an order.

  • November 25, 2024

    Tenant's Death Excluded From Coverage, Kansas Judge Says

    A Kansas federal judge granted an insurer an early win in a coverage dispute with an apartment complex over an underlying lawsuit in which a tenant's son says his father died of hypothermia because of a faulty furnace, finding that a "habitability exclusion" barred coverage for the suit.

  • November 25, 2024

    Mortgage Co. Unfairly Inflated Borrowers' Balances, Suit Says

    Shellpoint Mortgage Servicing was hit Friday with a proposed class action alleging the company and its predecessor in interest, Specialized Loan Servicing LLC, inflated borrowers' balances on long-dormant second mortgages through "unfair, deceptive and unconscionable means."

  • November 25, 2024

    4th Circ. Stands By HELOC 'Offset' Ruling Against PNC

    The full Fourth Circuit has declined to reconsider a panel decision that extended protections under the Truth In Lending Act by barring banks from dipping into a cardholder's deposit account to cover outstanding payments on a home equity line of credit without the borrower's consent.

  • November 25, 2024

    NYC Real Estate Week In Review

    Goldgrub Law and Mandelbaum Barrett are among the law firms that steered the largest New York City real estate deals to hit public records last week, a period that saw several large residential transactions across Manhattan and Queens.

  • November 25, 2024

    Law Firm Leasing Surpasses Pre-COVID Rate So Far In 2024

    The rate at which U.S. law firms are signing major office leases — those at or above 20,000 square feet — has surpassed pre-pandemic levels, according to new data released by Savills on Monday, showing that while activity is up, firms are divided on whether to expand, downsize or maintain their square footage.

  • November 25, 2024

    DOJ Says Realtor Commissions Deal Is No Antitrust Shield

    The U.S. Department of Justice warned the National Association of Realtors that changes to broker commission rules agreed to in a settlement with home sellers do not shield the industry from government antitrust scrutiny.

  • November 25, 2024

    Fla. Judge Trims Complaint Over Deadly Crane Collapse

    A Florida state court judge Monday dismissed several liability counts against a Connecticut manufacturer sued in a lawsuit over a crane collapse in downtown Fort Lauderdale that killed a worker and injured at least two other people, saying the liability allegations must be more specific.

  • November 25, 2024

    Land-Use Attys Praise NYC's Modified Zoning Plan

    Land-use attorneys say a revised version of Mayor Eric Adams' City of Yes plan — New York City's most comprehensive zoning overhaul in over 60 years, if approved — will speed up affordable housing production, yet they stressed a continued need for more infrastructure investment and funding.

  • November 25, 2024

    Justices Won't Hear Takings Clause Claim For Wrecked House

    The U.S. Supreme Court on Monday denied a woman's petition seeking to review a Fifth Circuit decision that held McKinney, Texas, did not need to compensate her for destroying her home while resolving a hostage situation with an armed fugitive.

Expert Analysis

  • The Case For Overturning Florida Foreclosure Ruling

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    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.

  • Bracing For The CFPB's War On Mortgage Fees

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    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.

  • DOJ Consent Orders Chart Road Map For Lending Compliance

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    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.

  • Reverse Veil-Piercing Ruling Will Help Judgment Creditors

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    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.

  • Calif. Housing Overhaul May Increase Pressure On Landlords

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    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.

  • New Proposal Signals Sharper Enforcement Focus At CFIUS

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    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.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    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.

  • Illinois EV Charging Act Sparks Developer Concerns

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    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.

  • What NAR Settlement Means For Agent Commission Rates

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    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.

  • Calif. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of the year brought the usual onslaught of new regulatory developments in California — including a crackdown on junk fees imposed by small business lenders, a big step forward for online notarizations and a ban on predatory listing agreements, says Alex Grigorians at Hanson Bridgett.

  • 2nd Circ. Ruling Clarifies When Demand Letters Are Claims

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    The Second Circuit’s decision last week in Pine Management v. Colony Insurance, affirming that an insurer had no obligation to defend an insured for claims made before the policy period, provides clarity on when presuit demands for relief constitute claims — an important issue that may be dispositive of coverage, says Bonnie Thompson at Lavin Rindner.

  • Preparing For Possible Calif. Criminal Antitrust Enforcement

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    Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.

  • Conn. Loan Law Tweaks May Have 3 Major Effects On Lenders

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    Recently proposed minor amendments to Connecticut’s consumer protection laws could nonetheless mean major and unexpected changes to state consumer financial services regulations that dictate how lenders and their customer-facing service providers handle fee payments, mortgage servicer licensing and private student loans, says Jonathan Joshua at Joshua Law Firm.