Residential

  • May 15, 2024

    Hedge Fund Says Deal With Colo. Developer Lacked Details

    A Colorado-based hedge fund owner and the former president of one of his entities have urged a Colorado state court to permanently toss a suit related to a Denver commercial housing project, arguing that they can't be accused of violating the project's term sheet due to its vagueness.

  • May 15, 2024

    Accusations Execs Looted RE Platform To Play Out In NY

    Two directors of Fang Holdings Ltd. and their affiliates will have to face claims in New York of orchestrating a scheme to strip the Chinese operator of an online real estate portal of its value for personal gain after the court refuted arguments that the litigation belongs elsewhere.

  • May 15, 2024

    11th Circ. Judge Doubts Defense Of IRS Easement Notice

    An Eleventh Circuit judge was skeptical Wednesday of the government's arguments that the Internal Revenue Service could issue a notice imposing reporting requirements on potentially abusive conservation easements without soliciting public feedback that administrative law requires.

  • May 15, 2024

    Arizona Judge Revives Opendoor Investors' Securities Suit

    An Arizona federal judge has revived a consolidated securities class action accusing real estate company Opendoor Technologies Inc. of misleading investors about the benefits of its pricing algorithm software in order to go public in a reverse merger with a special-purpose acquisition company.

  • May 15, 2024

    Tenant Screening Co. Hit With Race Bias Complaint

    A tenant screening software company racially discriminated against prospective Black residents by providing landlord and property manager users with the option to exclude housing voucher holders, according to a U.S. Department of Housing and Urban Development suit filed by three fair housing rights groups.

  • May 15, 2024

    Md. Tax Court Affirms Denial Of Credit For Townhouses

    A Maryland real estate developer was correctly denied a tax credit for townhouses built in Baltimore, as the credit is limited to certain multifamily buildings, the state tax court ruled.

  • May 15, 2024

    Colo. Will Extend Property Tax Assessment Rate Cuts

    Colorado will extend its current temporary property tax rate reductions into 2024 and will lower tax rates for future years under a bill signed by Democratic Gov. Jared Polis. 

  • May 15, 2024

    Klobuchar Wants FTC To Make Firms Report Real Estate Buys

    It's time for the Federal Trade Commission to require the companies and private equity firms gobbling up residential real estate to report those acquisitions to the agency for antitrust purposes the same way they have to report other big purchases, Sen. Amy Klobuchar said.

  • May 15, 2024

    Holland & Knight Hospitality Leader Sees Mixed-Use Boom

    As hotel companies ride a rebound in travel following occupancy lows in 2020 when the COVID-19 pandemic hit, the hospitality sector is also benefiting from a boom in demand for mixed-use residential and hotel projects, one of Holland & Knight LLP's hospitality leaders told Law360 in a recent interview.

  • May 15, 2024

    NYCB To Sell $5B In Warehouse Loans To JPMorgan Chase

    New York Community Bancorp announced it has agreed to sell $5 billion worth of mortgage warehouse loans to JPMorgan Chase Bank.

  • May 15, 2024

    Mortgage Co.'s $2.4M Data Breach Settlement Gets Initial OK

    A Connecticut federal judge gave her initial sign-off to a $2.4 million settlement between mortgage firm Planet Home Lending LLC and a consolidated class of customers whose personal data, including their Social Security numbers, was exposed in a cyberattack.

  • May 14, 2024

    RealPage, Landlords Look To Trim Ariz. Price-Fixing Case

    Rental algorithm company RealPage and several landlords have urged an Arizona state court to trim fraud claims from the attorney general's case accusing them of using software to illegally raise rents for hundreds of thousands of renters, and they also asked to limit the time frame for enforcers' antitrust claims.

  • May 14, 2024

    Keller Williams Freed From Fla. 'Shotgun' Class Action, For Now

    A Florida federal judge on Tuesday released Keller Williams Realty from a proposed racketeering class action, agreeing with a magistrate judge that the suit was a "shotgun pleading" claiming the broker sought to generate commissions by harassing homeowners into selling their properties.

  • May 14, 2024

    Colo. Lawmakers OK Sales Tax Exemption For Modular Homes

    New modular homes would be exempt from Colorado's sales and use taxes, saving taxpayers about $1 million annually, under legislation passed by lawmakers and heading to Gov. Jared Polis.

  • May 14, 2024

    Tenn. Judge Wants Default Win For Bank But No Atty Fees

    A Tennessee magistrate judge recommended partially granting a default judgment win to a bank suing a Florida-based developer accused of defaulting on about $15.3 million in loans, but also suggested denying the bank attorney fees.

  • May 14, 2024

    NJ Tax Court Nixes Condo Owners' Exemption Claims

    A New Jersey condominium building is not eligible for a five-year property tax exemption because the developer and owners did not enter into a tax agreement with the city prior to the units being built, the state Tax Court ruled.

  • May 14, 2024

    Activist Investor Pressures Proptech Co. To Privatize Or Sell

    Land & Buildings Investment Management urged SmartRent Inc. to consider privatizing or selling to a bigger business, arguing Tuesday that the property technology company is delivering lackluster results, despite the platform's popularity.

  • May 14, 2024

    Texas City, Homeowners Get Early Win In Land Dispute

    A federal judge has sided with a Texas city, a property owners association and others against a manufactured housing company's suit accusing the defendants of wrongfully impeding its development of nearly 300 lots.

  • May 13, 2024

    NYC Nonprofits Want Landlords' Housing Courts Suit Tossed

    New York City tenant and immigrant rights nonprofits urged a New York state court to toss a suit from landlords who claim the state's court system handles eviction proceedings so slowly and inefficiently that they're deprived of their property rights.

  • May 13, 2024

    REIT Says Vegas Hotels Win Backs Tossing DC RealPage Suit

    A real estate investment trust seeking out of the D.C. attorney general's rental algorithm price-fixing suit pointed the superior court judge to last week's decision tossing what it said are extremely similar allegations against a group of Las Vegas hotels.

  • May 13, 2024

    Peer Street Ch. 11 Ruling Hinges On Pro Se Creditor's Protest

    A Delaware bankruptcy judge told real estate investment platform Peer Street Inc. on Monday that she would make a final ruling on confirmation of the company's Chapter 11 plan in the coming days, but only after finishing a review of a pro se creditor's complaints about the otherwise consensual wind-down deal.

  • May 13, 2024

    NJ Justices Hold Contract Supersedes Real Estate Wage Law

    The contract a real estate agent signed deeming him an independent contractor is enough to resolve his claims of improper wage deductions, the New Jersey Supreme Court ruled Monday, saying that a state three-prong test doesn't need to apply.

  • May 13, 2024

    JLL, Multifamily Developer Drop Row Over Procurement Fee

    Jones Lang LaSalle Americas Inc. permanently dropped its Florida federal court suit accusing a multifamily developer of owing it a procurement fee after JLL secured $24 million in financing for a Sunshine State apartment complex.

  • May 13, 2024

    Mass. Tax Board Rejects Plea To Cut Home Valuation

    A Massachusetts homeowner's argument that his property was overvalued because its assessment increased by a higher percentage than those of neighboring properties was rejected by the state's tax appeals board in a decision released Monday.

  • May 13, 2024

    NY Bill Seeks Property Tax Break For Upgrades To Cut Carbon

    New York would create a property tax exemption for capital improvements made to residential property for the purpose of reducing carbon emissions under a bill introduced in the state Assembly.

Expert Analysis

  • 5th Circ. Ruling May Beget Fraud Jury Instruction Appeals

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    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.

  • Considerations For Navigating Mixed-Use Developments

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    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.

  • 1st Tax Easement Convictions Will Likely Embolden DOJ, IRS

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    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.

  • How CRE Loans Would Shift Under New Bank Capital Rules

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    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.

  • Proactive Measures While NY Foreclosure Law Is In Limbo

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    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.

  • EB-5 Investment Period Clarification Raises More Questions

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    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.

  • How NY Residential Property Condition Disclosure Is Shifting

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    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.

  • Conn. Banking Brief: The Notable Compliance Updates In Q3

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    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.

  • Mass. Banking Brief: The Notable Compliance Updates In Q3

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    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.

  • Insurance Rulings Continue Expansion Of Appraisal's Ambit

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    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.

  • In The CFPB Playbook: The Bureau In The Courts

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    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.

  • Fintech Cos. Should Consider Asset-Based Financing For RE

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    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.

  • What To Consider When Converting Calif. Offices To Housing

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    In light of California legislators' recent efforts to expedite the process for converting offices into residential buildings, developers should evaluate both the societal upsides, and the significant economic and legal hurdles, of such conversions, says Steven Otto at Crosbie Gliner.