Residential
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May 23, 2025
Ga. Bar OKs Real Estate Deals Via Video
The State Bar of Georgia has adopted a formal ethics opinion allowing attorneys to close real estate deals via video conference, finding that the remote appearances satisfy lawyers' duty to be "present" at closings.
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May 23, 2025
Guggenheim-Backed Housing Proposal Upheld In SC
A South Carolina federal judge upheld a 9,000-unit housing plan brought in part by heirs of the Guggenheim family on the Cainhoy Peninsula near Charleston, finding federal authorities properly considered environmental effects of the development.
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May 23, 2025
Va. Contractor Denied Real Property Sales Tax Break For Sand
Sand purchased by a Virginia homebuilder is tangible personal property subject to use tax and not real property, the state tax commissioner said, rejecting the builder's argument that the sand was part of the land at its previous location.
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May 22, 2025
Wash. Justices Undo Landlord Win In Eviction Answer Dispute
Washington's highest court overturned a Seattle-area landlord's eviction victory on Thursday, saying any tenant who responds to a summons with a written "notice of appearance" can't be hit with a default judgment for failing to file an answer in an unlawful detainer action.
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May 22, 2025
Trump Admin Ends Early Biden-Era Memphis Redlining Deal
A Tennessee federal judge on Wednesday approved a Trump administration request to terminate a redlining consent order with Trustmark National Bank, closing out the settlement that kicked off a Biden-era crackdown on mortgage lending discrimination.
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May 22, 2025
5th Circ. Revives 'Unclean Hands' Defense In Ch. 13
A Louisiana homeowner can head back to bankruptcy court to try to discharge a $75,000 judgment against him from a contractor who said it was stiffed, a panel of the U.S. Court of Appeals for the Fifth Circuit has ruled.
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May 22, 2025
Student Housing Firm Lands $500M Wells Fargo Refi
Student housing company Global Student Accommodation, or GSA, said on May 22 it had secured $500 million in refinancing from Wells Fargo Bank for a group of 23 properties in 14 states.
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May 22, 2025
State Greenlights Fried Frank-Guided NYC Resi Conversion
The Empire State Development Corp.'s board of directors voted Thursday to approve RXR and Apollo Global Management's massive office-to-residential conversion in New York's Times Square, a project advised by Fried Frank Harris Shriver & Jacobson LLP.
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May 22, 2025
Servicer, BNY Seek Exit From Mortgage Statement Suit
Bank of New York Mellon and a mortgage servicing company have urged a Massachusetts federal court to permanently dismiss a proposed class action accusing them of trying to collect on post-bankruptcy liens, saying federal lending law does not obligate servicers to send mortgage statements to borrowers.
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May 22, 2025
Cadwalader, Sidley Guide Greystone's $901.3M CRE-CLO Deal
Greystone has closed a $901.3 million commercial real estate collateralized loan obligation backed by bridge loans on 28 apartment properties in 16 states, in a transaction advised by Cadwalader Wickersham & Taft LLP and Sidley Austin LLP.
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May 22, 2025
NYC Real Estate Week In Review
Fried Frank and Kramer Levin are among the law firms that scored work on the largest New York City real estate deals to hit public records last week, a slow period that saw only five matters above the $20 million mark become public.
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May 22, 2025
Neb. Gov. Rejects Letting Districts Tax Outside Property
A Nebraska bill to let some local taxing districts impose taxes on property outside their boundaries, and to create statewide standards for inspections by public housing authorities, was vetoed by the state's governor.
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May 22, 2025
Ore. Lawmakers OK Extending Affordable Housing Tax Breaks
Three Oregon property tax exemptions intended to promote affordable housing would be extended under legislation passed unanimously by the state Senate and sent to the governor.
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May 22, 2025
Panel Hearing Spotlights Long-Standing Disaster Claim Gripes
A U.S. Senate panel hearing into the claims handling process of major homeowner's insurers following natural disasters highlighted long-standing complaints from policyholders that obtaining relief can often be a long, arduous and costly process.
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May 21, 2025
Judge Prolongs Pause On Trump's HUD, DOT Grant DEI Limits
A Washington federal judge Wednesday extended a block on federal grant conditions limiting homelessness aid and transportation funding to recipients who align with the Trump administration's policies against diversity and inclusion programming, as nearly two dozen localities joined New York, San Francisco and others challenging the terms.
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May 21, 2025
Single-Family Rental Sector Charts Path Through Challenges
At a gathering of stakeholders in the single-family rental segment of the real estate world this week, speakers expressed confidence about their prospects for the future, despite a lack of the exuberance exhibited in the past.
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May 21, 2025
Developers' Lawyers Vying For NY Casino Licenses
The contest to win a license for a full casino in New York City is heating up.
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May 21, 2025
Title Insurance Co. Fights Treasury All-Cash Resi Deals Rule
A title insurance company and a subsidiary have filed suit in Florida federal court challenging new reporting requirements for all-cash real estate closings, saying the rule exceeds the U.S. Department of the Treasury's Financial Crimes Enforcement Network's authority.
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May 21, 2025
Industry Group-Backed Bill Would Override NY Scaffold Law
A bill introduced Wednesday would seek to supersede New York's Scaffold Law on federal projects, in a move to limit the scope of the longstanding rule that makes contractors and project owners strictly liable for the fall-related deaths of construction workers.
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May 21, 2025
Small Texas Communities Trying To Siphon Taxes, City Says
Two Texas state court judges issued court orders Wednesday barring two small municipalities from buying up apartment buildings in the city of Rowlett, Texas, thwarting what Rowlett described as an underhanded attempt to rob the city of property tax revenue.
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May 21, 2025
Montana Reduces Taxes On Residential, Commercial Property
Montana will lower taxes on residential and commercial property, provide property tax rebates to homeowners and implement other changes to the state's property tax regime under legislation signed by the governor.
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May 21, 2025
What The 'Big, Beautiful Bill' Proposes For Opportunity Zones
As Congress moves forward with the budget reconciliation bill, one program that has been popular with investors and was meant to spur development in low-income neighborhoods could receive a makeover if the One Big Beautiful Bill Act becomes law.
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May 21, 2025
NC Panel Sides With County In Builder's Service Fee Spat
North Carolina's intermediate appeals court on Wednesday backed a county's interpretation of an ordinance allowing it to collect water service fees from a homebuilder, reasoning that the builder's residential neighborhood is a "new development" subject to the law.
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May 21, 2025
Texas Lawmakers OK More Time To Pay Property Tax Bills
Texas would give some property owners more time to pay their tax bills under legislation approved by state lawmakers and headed to Gov. Greg Abbott.
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May 21, 2025
Gibson Dunn Dealmakers Talk NY Religious Real Estate
Advising religious real estate transactions in New York City requires a keen understanding of faith-based organizations and a regulatory review process that all such transactions must pass through. Two attorneys from Gibson Dunn spoke to Law360 Real Estate Authority about the process in a recent interview.
Expert Analysis
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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How Congress Can Stem Consumer Finance Law Uncertainty
In the face of rising uncertainty about consumer finance laws that are based largely on fluctuating administrative rules, Congress should cement certain existing laws into statute and clarify federal agencies' delegations of authority, say attorneys at Bradley Arant.
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
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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.