Residential
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June 27, 2024
Susan Sarandon Can Get Home Contractor's Bank Records
A Massachusetts credit union must give Hollywood star Susan Sarandon some of the personal financial records of a contractor who she says failed to properly oversee construction of her $2 million sustainable home in Vermont, a federal magistrate judge ruled Wednesday.
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June 27, 2024
SEC Sues Fla. Loan Website, CEO Over 'Fictitious' Revenue
A purported online lender and its CEO face U.S. Securities and Exchange Commission allegations that the company's reported revenue for certain periods was "a figment" of the CEO's imagination.
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June 27, 2024
Greenberg Traurig Guides $97M NYC Multifamily Loans
Developer Elie Fouerti has secured a $96.9 million mortgage from Goldman Sachs for a series of properties in Manhattan's East Harlem neighborhood where Fouerti Realty plans to construct a mixed-use development with affordable housing, in a deal guided by Greenberg Traurig LLP.
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June 26, 2024
Insurers Look To Tech Solutions To Reduce Water Damage
Two insurers have announced new emphasis on property technology solutions in recent days as a strategy for reducing the risk from water damage, a major source of claims for property owners and operators that leads to billions of dollars in payouts each year.
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June 26, 2024
Window Seal Maker Can't Nix Condo's Faulty Glass Panel Suit
A Washington federal judge on Tuesday refused to free a window component maker from a lawsuit claiming it helped conceal defects in a Seattle condominium's windows, saying the court had personal jurisdiction because the alleged wrongdoing was characterized as a deliberate act that affected a large number of actual Washington consumers.
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June 26, 2024
Colo. County's Short-Term Rental Regs Survive Challenge
A Colorado federal court has upheld a county's ordinance limiting short-term rentals in residential areas, finding it doesn't violate the 14th Amendment's equal protection clause just because it doesn't apply in areas zoned for resorts.
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June 26, 2024
Conn. Firm Settles Suit Against Insurer Over Office Damage
A Connecticut law firm and a real estate company on Wednesday agreed to drop a federal lawsuit accusing their insurer of failing to fully cover damage from a leak at their New Haven offices, less than two weeks after the insurer notified the court of a pending settlement, court records show.
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June 26, 2024
NJ, Pa. Apartment Co. Accused Of Migrant Discrimination
A Guatemalan immigrant who has received protections under the Deferred Action for Childhood Arrivals program accused a real estate development and management company of alienage discrimination on Wednesday after she was informed that the company could not accept her housing applications without a valid permanent resident card or visa.
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June 26, 2024
Mack Real Estate Faces $189M NYC Apt. Foreclosure Suits
Mack Real Estate Group is facing a spate of foreclosure suits covering 37 multifamily buildings in Manhattan's East Harlem neighborhood, which allege the property owner is on the hook for $189 million in Freddie Mac loans.
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June 26, 2024
Orbital Witness Offers Property Diligence AI With Confidence
London-based Orbital Witness has built an AI assistant focused on the laborious task of property due diligence and backed it with what it calls a first-of-its-kind AI insurance.
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June 26, 2024
Tenants Say REIT Owes $26M For Illegal Late Fees
A certified class of about 190,000 tenants urged a California federal court to grant them a final judgment of more than $26.1 million in their class action accusing real estate investment trust Equity Residential of charging them excessive fees for late rent.
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June 26, 2024
$10B AIR-Blackstone Deal Set To Close After Investor Nod
Denver-based Apartment Income REIT Corp.'s shareholders have approved an agreement to sell off the real estate investment trust to private equity giant Blackstone for $10 billion, paving the way for its close within the next several days.
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June 26, 2024
HUD Official On 'Exploitative' Plays In Manufactured Housing
Private equity owners of manufactured home projects sometimes take advantage of the affordable housing crunch by raising rents, so the U.S. Department of Housing and Urban Development is offering financing to give those communities a chance to run themselves, a senior staffer said.
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June 26, 2024
HUD Unveils $185M Program To Bolster Housing Production
The U.S. Department of Housing and Urban Development announced Wednesday that the agency has earmarked $85 million in grants to help 21 cities remove barriers to building new housing stock, adding that another $100 million will be awarded later this summer.
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June 25, 2024
Warhol, Monet Artwork Forfeited To US In 1MDB Clawback
Andy Warhol and Claude Monet paintings are among the items that will be forfeited to the United States as part of a deal resolving the government's civil complaints looking to recover assets allegedly related to money laundering by a Malaysian state-owned investment fund, according to a consent judgment entered Monday.
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June 25, 2024
Va. Judge Tosses Bulk Of Brookfield Homebuyer Class Claims
A Virginia federal judge on Tuesday dismissed most of a proposed class action filed by homebuyers who allege Brookfield Asset Management Inc. entities built their homes without being licensed and left them with construction problems and invalidated warranties.
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June 25, 2024
$3M Broker Commission Deal Stayed To Await NAR Settlement
A Massachusetts federal court will not consider a $3 million settlement reached between home sellers and a multiple listing service over broker commission rules until after a decision on a much larger settlement in the separate sprawling case against the National Association of Realtors.
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June 25, 2024
LaVie Creditors Object To Landlord-Backed DIP Package
Unsecured creditors in the Chapter 11 case of nursing facility operator LaVie Care Centers have told a Georgia bankruptcy judge they oppose a proposed debtor-in-possession funding package, saying one of the lenders is the debtor's biggest landlord and would be getting an inappropriately advantageous deal.
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June 25, 2024
DC Council OKs Tax Hikes On High-End Property, Payroll
Washington, D.C., would impose a special tax rate on high-end residential properties, boost the premium for the district's paid leave program and make other tax and spending changes under legislation passed Tuesday by the district council.
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June 25, 2024
Military Families, Army Housing Managers Reach Settlement
A putative class of service members and their families, and a military housing landlord and the property managers urged a Virginia federal court on Tuesday to approve the global settlement of the putative class's claims alleging that the landlord and the property managers neglected the conditions of their military housing in a U.S. Army base in Fairfax, Virginia.
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June 25, 2024
Gibson Dunn, Troutman Rep $2.1B Multifamily Deal
KKR & Co. Inc., advised by Gibson Dunn & Crutcher LLP, paid $2.1 billion to buy a portfolio of 18 apartment properties from Quarterra Multifamily, guided by Troutman Pepper Hamilton Sanders LLP, the private equity giant announced Tuesday.
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June 25, 2024
Ariz. Court Slashes Value Of Low-Income Housing Complex
An Arizona housing complex subject to restrictions related to federal low-income housing tax credits was overvalued by a local assessor, the Arizona Tax Court said, slashing the valuation of the property by about three-fourths.
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June 25, 2024
Meadow Partners Raises $530M For Latest Real Estate Fund
Real estate investment manager Meadow Partners announced Tuesday it raised $530 million for the sixth installment of its flagship real estate fund, with capital commitments from a mix of new investors and longtime partners.
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June 25, 2024
How Real Estate Attys Should Prep For Possible Chevron Shift
The U.S. Supreme Court is likely only days away from deciding on the future of Chevron deference, a potential change that Holland & Knight LLP partner Lynn Calkins and her team expect to have widespread real estate ramifications touching everything from federal policy to local zoning.
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June 24, 2024
Lloyd's Seeks To Avoid Coverage For Beach Umbrella Death
Certain underwriters at Lloyd's, London told a South Carolina federal court Monday they should have no coverage obligations to a vacation rental owner over a wrongful death suit alleging that a woman was impaled by a "wind-driven" beach umbrella.
Expert Analysis
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What's New In Kentucky's Financial Services Overhaul
Kentucky's H.B. 726 will go into effect in July and brings with it some significant restructuring to the Kentucky Financial Services Code, including changes to mortgage loan license fees and repeals of provisions relating to installment term loans and savings associations, say attorneys at Frost Brown.
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A Comparison Of FDIC, OCC Proposed Merger Approaches
Max Bonici and Connor Webb at Venable take a closer look at the Federal Deposit Insurance Corp.'s and Office of the Comptroller of the Currency's respective bank merger proposals and highlight certain common themes and important differences, in light of regulators continually rethinking their approaches to bank mergers.
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Tax Assessment: Recapping Georgia's Legislative Session
Jonathan Feldman and Alla Raykin at Eversheds Sutherland examine tax-related changes from Georgia’s General Assembly — such as the governor’s successful push to accelerate income tax cuts — and suggest steps to take before certain tax incentives are challenged in the state's next legislative session.
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11th Circ. Ruling May Foreshadow Ch. 15 Clashes
The Eleventh Circuit's recent decision in In re: Talal Qais Abdulmunem Al Zawawi has introduced a split from the Second Circuit regarding whether debtors in foreign proceedings must have a domicile, calling attention to the understudied nature of Chapter 15 of the Bankruptcy Code, say attorneys at Cleary.
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Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Look At New IRS Rules For Domestically Controlled REITs
The Internal Revenue Services' finalized Treasury Regulations addressing whether real estate investment trusts qualify as domestically controlled adopt the basic structure of previous proposals, but certain new and modified rules may mitigate the regulations' impact, say attorneys at Simpson Thacher.
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What CRA Deadline Means For Biden Admin. Rulemaking
With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.
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How New Rule Would Change CFIUS Enforcement Powers
Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.
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2nd Circ. Eminent Domain Ruling Empowers Municipalities
The Second Circuit's recent decision in Brinkmann v. Town of Southold, finding that a pretextual taking does not violate the Fifth Amendment's takings clause, gives municipalities a powerful tool with which to block unwanted development projects, even in bad faith, say James O'Connor and Benjamin Sugarman at Phillips Lytle.
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SEC Should Be Allowed To Equip Investors With Climate Info
The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.
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8 Fla. Statutes That Construction Cos. Should Prepare For
In this article, Jason Lambert at Hill Ward discusses a number of recent bills out of the Florida Legislature targeting construction companies in the Sunshine State that have been sent to the governor for signature, at least some of which will have broad impacts that affected companies should prepare for ahead of the July 1 effective date.
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Time To Fix NYC's Broken Property Assessment System
A New York appellate court's decision to revive Tax Equity Now New York v. City of New York may force the city to revamp its outdated and unfair real estate tax assessment system, which could be fixed with a couple of simple changes, says Seth Feldman at Romer Debbas.
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Understanding The IRC's Excessive Refund Claim Penalty
Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.