Residential
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April 22, 2025
Court Appoints Monitor In SEC's $1B PE Fraud Case
A Florida federal judge has appointed a founding partner of a Florida law firm to serve as a monitor in the U.S. Securities and Exchange Commission's suit against a private equity firm it says defrauded investors in a $1 billion fund focused on real estate and small business funding.
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April 22, 2025
Gunster Adds Holland & Knight, Berger Singerman RE Pros
A few weeks after significantly growing its real estate practice following the merger with Miami firm Katz Barron, Gunster announced the addition of two experienced attorneys from Holland & Knight LLP and Berger Singerman LLP, who will further expand its real estate capabilities in South Florida.
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April 22, 2025
McGuireWoods Consulting Nabs Housing Pro From NAR
McGuireWoods Consulting has added a housing and financial services pro to the firm's federal public affairs team, who comes from a role as the National Association of Realtors' federal legislative representative.
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April 22, 2025
Citizens Bank Seeks Quick Win From Real Estate Partnership
Citizens Bank pushed for an early win in its loan default suit in Connecticut state court, arguing that the court should allow it to foreclose on the Bristol properties that were used to secure a $23 million loan.
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April 21, 2025
Fla. Senate Will Weigh Easing Financial Mandates For Condos
The Florida Senate will consider giving condominium associations more financial breathing room as the state puts into effect building safety reforms enacted in the wake of a deadly building collapse in the town of Surfside in 2021.
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April 21, 2025
AG Accuses NJ Luxury Tower Contractors Of Labor Violations
New Jersey's attorney general on Monday announced a lawsuit against a general contractor and a group of subcontractors for shorting workers on wages and benefits during the construction of a Jersey City luxury high-rise.
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April 21, 2025
NYU Starts Affordable Housing Clinic For Religious Orgs
New York University School of Law announced Monday it will form a clinic to help shepherd faith-based organizations through building affordable housing on their properties, as the state legislature considers a bill to eliminate obstacles for such development.
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April 21, 2025
Calif. Homeowners Say Insurers Colluded To Limit Coverage
California property owners affected by the Los Angeles wildfires accused over 300 insurers of conspiring to eliminate competition in the marketplace, forcing consumers to instead obtain fire insurance from the state's insurer of last resort, according to two lawsuits filed in state court.
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April 21, 2025
NYC Real Estate Week In Review
Frenkel Hershkowitz and Kramer Levin are among the law firms that scored work on the largest New York City real estate deals that hit public records last week, with four Manhattan matters leading the way.
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April 21, 2025
Houston Mandates Registration For Short-Term Rentals
Houston's city council has passed short-term rental regulations requiring owners and operators to register individual rental units, while also implementing penalties designed to crack down on repeat bad actors.
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April 18, 2025
SEC Wins $1M Real Estate Fraud Suit Over NC Development
The U.S. Securities and Exchange Commission scored a win in its fraud suit in North Carolina federal court against an insurance agent and his company, with a judge finding the agency has shown the defendants defrauded seven investors out of over $1 million.
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April 18, 2025
9th Circ. Won't Rethink Nixed Zillow, NAR Antitrust Case
The Ninth Circuit won't be rethinking a panel decision refusing to revive a defunct brokerage platform's case accusing Zillow and the National Association of Realtors of anticompetitively relegating its listings from Zillow's main page.
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April 18, 2025
Ore. Realtors Urge Panel To Reject Fees On Vacant Homes
Proposed legislation to allow local governments to impose fees on certain vacant homes would violate fundamental principles of property rights, Oregon Realtors told a state Senate panel.
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April 18, 2025
HUD Lists Aging DC Headquarters Building For Sale
The U.S. Department of Housing and Urban Development and Government Services Administration have announced plans to sell HUD's headquarters, saying the property exceeds the department's need for office space.
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April 18, 2025
NC High Court Snapshot: Livestock Litigation Takes Limelight
The North Carolina Supreme Court's April lineup will find the justices delving into a squabble over backyard chickens in a residential neighborhood and a consumer fraud class action with Home Depot in the crosshairs.
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April 18, 2025
Fla. Jury Hits Expedia With $30M Helms-Burton Verdict
A Miami jury on Friday said Expedia and three related entities owe $29.85 million after finding the online booking companies liable for violating the Helms-Burton Act's anti-trafficking provision by offering reservations for resorts on a barrier island seized by Fidel Castro's government.
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April 18, 2025
Castlelake, Invictus Partner For $2B Residential Loan Venture
Global alternative investment manager Castlelake LP announced that it has formed a partnership with alternative credit asset manager Invictus Capital Partners to invest up to $2 billion in newly originated residential mortgages.
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April 17, 2025
Judge Warns Rocket Cos. Investor: Seek Cert. At 'Own Peril'
A Michigan federal judge on Thursday said a pension fund trying to take over as lead plaintiff in a suit against mortgage business Rocket Companies Inc. does not need the court's permission to file a renewed class certification motion, but it "does so at its own peril."
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April 17, 2025
Fla. Senate Takes Steps To Bolster Affordable Housing Law
With time starting to run low in the Florida Legislature's annual regular session, the Senate has taken a notable step toward addressing the state's ongoing affordable housing concerns by passing a bill that would put more weight behind 2023's Live Local Act in response to pushback from local governments.
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April 17, 2025
Greystar Says FTC Suit Seeks 'Radical' Expansion Of Power
Developer and property manager Greystar urged a Colorado federal court to toss a Federal Trade Commission suit alleging it advertised deceptive rental prices, saying the suit requires a novel reading of a decades-old statute that would "radically" expand the agency's power.
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April 17, 2025
Cuban Island Owner Wants $36M In Helms-Burton Case
A Cuban-American man who says he is the rightful heir to an island off the coast of Cuba that was seized by the Communist government asked a Miami jury on Thursday for an award of more than $36 million against Expedia, which the man claims illegally trafficked in the stolen property by offering reservations for resorts on the island through its website.
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April 17, 2025
Colo. FAIR Plan Gives Policyholders Options At A Cost
Colorado launched the country's first new Fair Access to Insurance Requirements, or FAIR, Plan in 40 years to offer residents another tool in an increasingly challenging wildfire, hail and wind market, but experts emphasized that this limited form of coverage is not intended to address affordability concerns.
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April 17, 2025
Colo. Insurance Bills Offer Promise But Uncertain Costs
Colorado lawmakers are contemplating insurance bills that experts say could help improve the state's market by boosting home resilience, but there are still cost concerns and skepticism that other proposals are workable, like a state reinsurance program.
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April 17, 2025
Navajo Man Owed Relocation Benefits, 9th Circ. Rules
The Ninth Circuit has ruled in a published opinion that a Navajo Nation member was wrongly denied relocation benefits after the U.S. government awarded his ancestral land to the Hopi Tribe, saying the federal relocation office relied on flawed findings and arbitrary reasoning when denying his claim.
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April 17, 2025
Wash. Justices Strike Down Spokane's Homeless Camp Law
The Washington Supreme Court said a voter-approved initiative restricting encampments for homeless people in Spokane is unconstitutional, in an opinion Thursday that said the measure exceeds the scope of local initiative power because it impermissibly "tinkers" with a policy the city had previously adopted.
Expert Analysis
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In The ÃÛÌÒÊÓÆµ Playbook: Making Good On Bold Promises
The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.
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FBI Raid Signals Growing Criminal Enforcement Of Algorithms
The U.S. Department of Justice Antitrust Division's increased willingness to pursue the use of algorithmic pricing as a potential criminal violation means that companies need to understand the software solutions they employ and stay abreast of antitrust best practices when contracting with providers, say attorneys at Rule Garza.
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State Licensing Pitfalls Mortgage Servicers Must Beware
A recent enforcement action from the Washington Department of Financial Institutions demonstrates how subtle distinctions in state mortgage servicer licensing laws may come as a surprise to some companies, even if they never directly receive payments or interact with borrowers, says Clayton Swears at Hudson Cook.
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Keys To Strong Parking, Storage Contracts For NYC Buildings
Drafting and enforcing unambiguous parking and storage unit license agreements are essential tasks for co-op and condo boards in New York City, with recent cases highlighting how prudent terms can minimize potential headaches, say Matthew Eiben and Adam Lindenbaum at Rosenberg & Estis.
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Realtor Settlement May Create New Antitrust Pitfalls
Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.
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What Fla. Ruling Means For Insurer Managed Repair Programs
A recent Florida state court ruling in Fraga v. Citizens Property Insurance, holding that the insurer could not seek to add additional terms in its managed repair program consent form, should promote clear written contract terms that clarify the relationship between insurers, policyholders and contractors, says Chip Merlin at Merlin Law Group.
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Preparing For ÃÛÌÒÊÓÆµ 'Junk Fee' Push Into Mortgage Industry
As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.
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NC Banking Brief: All The Notable Legal Updates In Q2
After federal banking agencies last quarter released a supplemental final rule updating the Community Reinvestment Act, North Carolina banks involved in community development should consider how the new rule might open up opportunities for investment and services that can benefit underserved areas, says Adam Goldblatt at Michael Best.
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What NYC's Green Fast Track Means For Affordable Housing
New York City's Green Fast Track for Housing initiative, which went into effect last month, aims to speed up the environmental review process for modest residential developments and could potentially pave the way for similar initiatives in other cities, say Vivien Krieger and Rachel Scall at Cozen O'Connor.
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The Often Overlooked NY Foreclosure Notice Requirements
As multifamily real estate defaults mount, New York foreclosing parties should be aware of pitfalls and perils that can await the litigant who is not prepared to ensure adherence with tenant notice requirements under the Real Property Actions and Proceedings Law, say Christopher Gorman and John Muldoon at Rosenberg & Estis.
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Zoning Reform May Alleviate The Affordable Housing Crisis
As America's affordable housing issues continue to worsen, zoning reform efforts can help to provide more affordable homes and mitigate racial and economic segregation, though opposition from residents and in courts could present challenges, say Evan Pritchard and Madeline Williams at Cozen O'Connor.
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NJ Justices Clarify First-Party Indemnification Availability
In Boyle v. Huff, the New Jersey Supreme Court recently held that indemnification can be available in first-party claims, resolving an open question and setting up contracting parties for careful negotiations around indemnity clauses, says Todd Leon at Marshall Dennehey.
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Fla. HOA Reforms Bring Major Wins For Homeowners
A recently signed law brings broad changes for homeowners associations in Florida, alleviating some pressure imposed by overly restrictive rules and potentially setting up litigation surrounding how HOAs enforce their governing documents, says Christopher Miller at Varnum.