Residential
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May 08, 2025
3rd Circ. Signs Off On Philly Apartment Foreclosure Sale
A Third Circuit panel on Thursday affirmed a district court's refusal to stop U.S. Bank from selling a Pennsylvania apartment building following a borrower's default, ruling that, although the lender's route to a judgment in its favor was "unintuitive," it correctly followed the governing state laws.
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May 08, 2025
Coverage Uncertain For LA Fire Soil Remediation, Pros SayÂ
Dangerous toxins are being detected in the soil around homes affected by the Los Angeles fires, but experts say that insurance coverage for soil remediation would likely be limited, even if certain policies or provisions could offer some compensation.
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May 08, 2025
11th Circ. Judge Frowns On New Arguments In Easement Case
An Eleventh Circuit judge disapproved of a Georgia partnership raising new arguments on appeal as it pursues a tax deduction for a conservation easement donation, saying Thursday that perhaps "we wouldn't be here" if the partnership had argued the points before the lower court.
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May 08, 2025
Miami Atty Disbarred Over Insistence Of Foreclosure Fraud
The Florida Supreme Court disbarred a Miami attorney after accusations that he misled courts, impugned judges and brought frivolous pleadings over his insistence that clients' homes were fraudulently foreclosed, despite previous suspensions from allegations of similar conduct in the past.
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May 08, 2025
Ga. Mortgage Co. Can Arbitrate Loan Processor's OT Claims
A loan processor manager's suit claiming a mortgage lender unlawfully considered her overtime-exempt will go to arbitration, a Georgia federal judge ruled, saying the company didn't waive its right to arbitrate and that the arbitration clause keeps her suit out of court.
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May 08, 2025
Tenn. Hotel Operators To Stop Collecting Tax After 30 Days
Tennessee will require hotel operators to stop collecting occupancy taxes from people who stay for more than 30 days under a bill signed by the governor.
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May 07, 2025
HUD Blocked From Withholding Grants Over DEI Policies
A Washington federal judge on Wednesday temporarily blocked the Trump administration from forcing New York City, Boston, San Francisco and Seattle's county to adhere to policies against diversity, equity and inclusion or risk losing federal funds for homeless services, saying the strings attached are likely unconstitutional.
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May 07, 2025
Fla. Lawmakers Tackle Real Estate Issues, But Is It Enough?
Real estate matters were once again top of mind during the Florida Legislature's 2025 session, but in a year marked by political tensions, it remains to be seen how successfully lawmakers resolved some major questions.
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May 07, 2025
'Preposterous' SEC Rule For Real Estate Could Be Dropped
A proposed rule to make the U.S. Securities and Exchange Commission's custodial requirements for investment advisers apply to all assets, including real estate, could die under current Republican leadership. Some attorneys say the proposal lacked sense to begin with.
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May 07, 2025
Venable Adds Construction Pro As Partner In Chicago
Venable LLP hired veteran construction attorney Charles "Cully" H. Wahtola III as a partner for the firm's construction law group in its Chicago office, the firm announced.
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May 07, 2025
NYC Developer Conned Investors Out Of $10M, Feds Say
A real estate developer involved in several projects in New York City was charged by federal prosecutors with misappropriating about $10 million in investor funds and using the money to finance a lavish lifestyle and cover gambling losses.
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May 07, 2025
Wells Fargo Forced Short Sales Despite CARES Act, Suit Says
Wells Fargo forced the short sale of a North Carolina woman's home by denying her forbearance on her mortgage as mandated under federal law at the onset of the COVID-19 pandemic, she alleged in a proposed class action filed in California federal court.
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May 07, 2025
3 Firms Guide $135M Loan Deal For Brooklyn Condo Project
Charney Cos. announced Tuesday that it secured a $135 million construction loan for the development of a 45-story, 182-unit Brooklyn condominium building.
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May 07, 2025
Big Brokers Say Tariff Effects Mostly Missed CRE In Q1
Commercial real estate executives largely shrugged off the effects of trade disputes this spring in reporting first-quarter results, even as they acknowledged more murkiness ahead for the rest of 2025.
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May 07, 2025
MoFo Real Estate Leader Eyes Surge In New Debt Funds
As some banks have pulled back or hit the pause button on commercial real estate lending, nonbank debt funds have been jumping in with full force to fill that lacuna, one of MoFo's real estate leaders told Law360 in a recent interview.
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May 07, 2025
Developer Fights NJ Power Broker's Bid To Nix Civil RICO Suit
A Camden, New Jersey, real estate developer is fighting to keep alive his civil racketeering suit against South Jersey power broker George Norcross, arguing in New Jersey state court the recent dismissal of a related indictment against Norcross "changes nothing" in the civil litigation.
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May 07, 2025
NJ Justices Deem Town Liable For Frivolous Lawsuits
Frivolous litigation by local government officials is not constitutionally protected and carries financial consequences, the New Jersey Supreme Court ruled Wednesday in a 5-0 decision reining in baseless legal battles.
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May 07, 2025
Contractor Skanska Promotes Two Civil Division GCs
Construction and development firm Skanska has said it promoted two employees to vice president and assistant general counsel, with both advising separate civil engineering divisions.
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May 07, 2025
DLA Piper Adds Morgan Lewis Commercial Real Estate Pro
DLA Piper hired a partner for the firm's real estate practice group, a commercial real estate attorney who joins the firm from Morgan Lewis & Bockius LLP.
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May 07, 2025
Conn. Town, State End Feud Over Affordable Housing Credits
The Connecticut town of New Canaan has agreed to drop its suit against the state's Department of Housing, which was accused in state court of wrongfully rejecting the town's bid for affordable housing credits and a development moratorium.
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May 07, 2025
Vornado Signals Residential Foray Into NYC's Penn District
Vornado Realty Trust executives hinted on a first-quarter earnings call at an embrace of residential development in Manhattan's Penn District, where the real estate investment trust owns a 10 million-square-foot portfolio.
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May 06, 2025
HUD Says Suit To Block Fund Cuts Belongs In Claims Court
The U.S. Department of Housing and Urban Development urged a Washington federal judge on Tuesday to reject emergency relief sought by San Francisco, Boston, New York and King County, Washington, to block the Trump administration from slashing millions of dollars of homelessness assistance grants, saying federal court lacks jurisdiction.Â
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May 06, 2025
PennyMac Wins Quick 9th Circ. Appeal Of Libor-Rate Ruling
A California federal judge on Monday allowed PennyMac entities to pursue their quick appeal in a proposed class action alleging they illegally imposed a lower fixed interest rate instead of a variable rate on preferred-stock dividends, asking the Ninth Circuit to clarify whether the Libor Act bars such fixed rates.
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May 06, 2025
DR Horton Sued In Del. Over Property Deal Conflict Claims
Stockholders of residential land developer Forestar Group Inc. sued national homebuilding giant and Forestar controller D.R. Horton derivatively late Monday for hundreds of millions in potential damages tied to billions' worth of allegedly conflicted, below-market sales to Horton of Forestar-prepared lots.
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May 06, 2025
Fair Housing Org. Fights Landlord's Counterattack In Bias Suit
An Ohio fair housing organization urged a federal court to toss a landlord's counterclaims in the group's disability bias suit, arguing that the counterclaims "are a transparent attempt" to avoid complying with federal law.
Expert Analysis
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Insurance Considerations For LA Wildfire Recovery
Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.
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LA Wildfires' Effect On Calif. Insurer Of Last Resort
Attorneys at Willkie discuss the background of California's insurer of last resort — known as the Fair Access to Insurance Requirements Plan — and examine the process of assessing member insurers and relevant recent property insurance market developments in light of the destruction from the ongoing Los Angeles wildfires.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.
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California's New Homeowner Law Could Hamper Foreclosures
While A.B. 2424, which took effect this month in California, gives homeowners in default additional protections, it also provides loopholes that can be used to delay foreclosure auctions, and the cost of these delays will likely be passed on to the borrower, says Stephen Britt at Severson & Werson.
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Small Biz Caught In Corporate Transparency Act Crossfire
Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.
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What's Ahead As Transparency Act Comes To A Crossroads
Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.
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Ohio Banking Brief: All The Notable Legal Updates In Q4
Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.
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In The ÃÛÌÒÊÓÆµ Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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10 Noteworthy ÃÛÌÒÊÓÆµ Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Conducting A 'Reasonably Expected Market Area' Analysis
Regardless of whether the incoming administration scales back on redlining examinations and investigations, lenders should take steps to understand how regulators define "reasonably expected market areas," and how to conduct analyses of such areas, say attorneys at Mitchell Sandler.
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Adapting Force Majeure To A Predictably Unpredictable World
As the climate and political landscapes get more complicated, force majeure provisions will likely be triggered increasingly often, demanding an evolving understanding of when events and their impacts are truly unforeseeable, say attorneys at Nossaman.