Residential
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October 07, 2024
Justices Won't Hear Commerzbank RMBS Fight With US Bank
The U.S. Supreme Court on Monday turned down a bid by Commerzbank AG to revive more of its claims against U.S. Bank NA in a long-running lawsuit over pre-2008 residential mortgage-backed securities trusts, declining to review a recent Second Circuit decision in the case.
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October 07, 2024
Nationstar Mortgage Fails To Dodge Proposed Fee Suit Action
A Washington federal judge refused Monday to let Nationstar Mortgage LLC escape a putative class action accusing the mortgage loan servicer of illegally charging fees for loan payoff statements.
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October 07, 2024
NJ City Sues To Halt Hudson Riverfront Development
The Hoboken Planning Board has turned into a rubber stamp for developers including a duo that wants to build towers that will impede the view from the scenic Palisades cliffs, a neighboring city alleged in a New Jersey state court lawsuit.
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October 07, 2024
Calif. Landlord Sued By Tenants Over 'Hidden' Rent Fees
A California multifamily landlord responsible for over 60,000 apartments wrongfully charged tenants "hidden and misleading" rent fees, a proposed class of tenants has claimed in California federal court.
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October 07, 2024
NYC Real Estate Week In Review
Fried Frank and DLA Piper are among the law firms that steered the largest New York City real estate deals to hit records last week, with several Empire State Realty Trust matters topping the list.
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October 07, 2024
Whistleblower Must Show Docs In Fla. House-Flipping Scheme
A Florida state court judge Monday ordered a woman who uncovered a house-flipping scheme allegedly run by the husband of a former Miami city attorney to produce documents in the case, including communications with journalists, in an attempt to show whether any misconduct occurred over the course of the investigation.
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October 07, 2024
Mass. Justices Unsure If Divisive Housing Law Has 'Teeth'
The Massachusetts high court appeared split Monday on whether the state properly issued guidelines requiring towns in greater Boston to add housing density near mass-transit facilities.
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October 07, 2024
Lender Inks $138M Refi For Texas Multifamily Project
Carbon Cos. secured a $138 million bridge loan from MF1 Capital LLC, which will allow the developer to refinance debt tied to a large, master-planned multifamily project in Frisco, Texas, according to BayBridge Real Estate Capital, which originated the loan.
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October 07, 2024
Multifamily Investor Forum Raises $226M For Gap Financing
Forum Investment Group said on Monday that it has raised $226 million in an investment vehicle specializing in credit on multifamily projects.
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October 07, 2024
Supreme Court Passes On Developer's Takings Case
The U.S. Supreme Court decided Monday not to evaluate an Eleventh Circuit decision in favor of a developer who accused an Alabama county and its zoning board of an unconstitutional regulatory taking after they revoked a permit for a $1 million three-story development and issued a stop-work order.
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October 07, 2024
High Court Skips On Challenge Of Fair Housing Claims Limits
The U.S. Supreme Court said Monday that it will not probe the Fourth Circuit's January decision unwinding a summary judgment win for a manufactured-home park in a suit from immigrant families challenging a policy requiring residents to show proof of legal residency.
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October 04, 2024
Real Estate Execs Accused Of NYC Deed Theft Scheme
Three real estate executives have been arrested in connection with a purported $500,000 deed theft scheme that preyed upon a vulnerable home owner in the Bronx, according to the Office of the New York State Attorney General.
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October 04, 2024
Property Plays: Verizon, HUD, ArentFox Schiff
Property Plays is a weekly roundup of the latest loans, leases, sales and projects around the country. Send your tips — all confidential — to realestate@law360.com.
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October 04, 2024
Real Estate Co., EEOC Strike Deal To End Race Bias Suit
A real estate company has agreed to end a U.S. Equal Employment Opportunity Commission lawsuit alleging it gave a Black manager twice as much work as a white colleague and ultimately fired him because he was "lazy," according to a filing in Georgia federal court.
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October 03, 2024
Counties Say Foreclosure Attys Trying To Quash Competition
Michigan counties facing a proposed class action over profits they kept from foreclosures of tax-delinquent properties questioned Wednesday the aim and legality of their opposing counsel's quest to rein in a previous rival's outreach to people who have experienced foreclosures.
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October 03, 2024
Helene's Devastation Worsened By Inadequate Insurance
Hurricane Helene's devastating path across the southeastern U.S. has brought concerns about inadequate flood insurance and resilience measures to the forefront of a national conversation on the risks of extreme precipitation.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
Fla. Court Reverses Condos' Win In $1M Contractor Dispute
A Florida appeals court Wednesday reversed a win for three condominium associations in a dispute over $1.4 million worth of mitigation work done on the property after Hurricane Irma, ruling that the contractor did not need to be licensed to do most of the work.
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October 03, 2024
Georgia Resident Adds To Lawsuits Targeting Bio-Lab Fire
A resident of Conyers, Georgia, is adding to the litigation against Bio-Lab Inc. and its corporate parent, KIK Custom Products Inc., with a proposed class action filed after a fire at the company's facility in the city on Sunday led to evacuation and shelter-in-place orders.
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October 03, 2024
HUD Awards $279M To Fund Green Retrofitting
The U.S. Department of Housing and Urban Development has awarded 43 properties in 23 states and territories with $279 million in grants and loans through a program that funds green retrofitting for multifamily properties.
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October 03, 2024
Sham Law Firm Employee Gets 5 Years For Foreclosure Fraud
A Virginia man was sentenced to five years in prison and hit with a $159,000 fine for what a D.C. federal judge called Thursday the "horrendous" crime of using a Manassas law firm to defraud homeowners facing foreclosure.
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October 03, 2024
Real Estate Lawyers On The Move
Honigman, DLA Piper and Eversheds Sutherland are among the law firms that have made recent real estate or construction hires.
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October 03, 2024
Loan Servicer Settles With Mass. AG Over 'Zombie' Mortgages
A mortgage servicing company has agreed to walk away from approximately $10 million worth of "zombie" mortgages in Massachusetts and pay $300,000 to resolve allegations that it violated multiple consumer protection laws, the state's attorney general said Thursday.
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October 02, 2024
EXp Investors Accuse Execs Of Ignoring Sex Assault Culture
Shareholders of eXp World Holdings Inc. have hit the real estate brokerage company's top-brass with a derivative lawsuit in Delaware Chancery Court Wednesday, claiming they intentionally ignored repeated reports that its top "influencers" were drugging and sexually assaulting real estate agents at company events, thereby exposing the company to millions in liabilities.
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October 02, 2024
Colony Ridge Seeks Quick Appeal In 'Reverse Redlining' Suit
A Texas real estate developer that recently lost a bid to exit a lending discrimination suit brought by the U.S. government and the Consumer Financial Protection Bureau has moved to begin a Fifth Circuit appeal, arguing the "novelty" of the case's reverse redlining theory warrants immediate appellate review.
Expert Analysis
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Reverse Veil-Piercing Ruling Will Help Judgment Creditors
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.
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Calif. Housing Overhaul May Increase Pressure On Landlords
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.
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New Proposal Signals Sharper Enforcement Focus At CFIUS
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.
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Climate Disclosure Mandates Demand A Big-Picture Approach
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.
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Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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Illinois EV Charging Act Sparks Developer Concerns
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.
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What NAR Settlement Means For Agent Commission Rates
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.
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Calif. Banking Brief: All The Notable Legal Updates In Q1
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.
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2nd Circ. Ruling Clarifies When Demand Letters Are Claims
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.
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Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Preparing For Possible Calif. Criminal Antitrust Enforcement
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.
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Conn. Loan Law Tweaks May Have 3 Major Effects On Lenders
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.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.