Residential
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October 23, 2024
Turning Tides: Real Estate's Impending Insurance Crisis
Climate risk, once an abstract concept, is now a stark reality in the real estate industry as damage from stronger and more frequent weather events portends a drastic correction in the property insurance market. This series explores state and local government efforts, shifting investor behavior, and home-buying trends as the climate-driven insurance crisis bubbles to the surface.
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September 04, 2024
Ohio Justices Affirm School Board's Right To Past Tax Appeal
An Ohio law that bars school boards from appealing certain valuation rulings from boards of revision doesn't apply to complaints that were pending when the restriction took effect in 2022, the state Supreme Court affirmed Wednesday.
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September 04, 2024
3 Firms Advise Lendlease On $315.5M For LA Complex
Real estate investment manager Barings and an affiliate of Counterpointe Sustainable Advisors contributed a $160 million construction loan and another $155.5 million for energy efficiency financing on a mixed-use project in Los Angeles that's being developed by Lendlease, according to a Wednesday announcement.
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September 04, 2024
SEC Fines Investor Over $7.5M In Undisclosed Affiliate Fees
The U.S. Securities and Exchange Commission has fined Florida-based investor Digital Bridge for failing to properly disclose about $7.5 million worth of payments to affiliates for services provided to a group of funds the firm manages.
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September 04, 2024
Colo. Cuts Property Tax Assessment Rates, Limits Growth
Colorado will cut property tax assessment rates and impose caps on the growth of local revenue under legislation signed into law Wednesday by Gov. Jared Polis, staving off two ballot initiatives critics said would have devastated local government budgets.
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September 04, 2024
Insurer Must Cover Woman's Fire Claim, Wash. Panel Says
An insurer must cover a woman's claim for damage to her former home after she was assaulted and set on fire by her ex-husband, a Washington state appeals court ruled, finding that a domestic abuse exception to the policy's intentional loss exclusion applies.
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September 04, 2024
Real Estate Lawyers On The Move
Dentons, White & Case and K&L Gates are among the law firms that have made recent real estate and construction hires.
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September 04, 2024
Where BigLaw Real Estate Presidential Donations Are Going
Law360 examined presidential campaign contributions from over 1,000 BigLaw real estate attorneys to see where that slice of the legal community is sending its support. Here's what we found.
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September 04, 2024
McElroy Deutsch's Former CFO Fights Bid To Sink Ch. 11 Case
The currently incarcerated former chief financial officer for McElroy Deutsch Mulvaney & Carpenter LLP denied that his Chapter 11 filing was a bad faith maneuver meant to stall ongoing civil litigation, claiming instead that the bankruptcy will allow for the liquidation of property for the benefit of creditors.
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September 04, 2024
Mass. Tax Panel OKs Nix Of Value Cut On Renovated Housing
The owner of a Massachusetts apartment building that contains a commercial space was unable to have the property's valuation reduced because its evidence of comparable sales didn't account for differences in the properties, the state Appellate Tax Board affirmed.
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September 03, 2024
7th Circ. Upholds Arbitration In Menards Hidden Fees Suit
The Seventh Circuit on Tuesday upheld a decision to compel arbitration in a proposed class action claiming that home improvement retailer Menards used a hidden pickup service fee to manipulate its prices, saying the company provided "reasonably conspicuous" notice of its terms on the page where the lead plaintiff completed her online order.
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September 03, 2024
Moody's Says CMBS Delinquencies May Top Pandemic Highs
Delinquencies for commercial mortgage-backed securities increased for the 10th month in a row when the rate hit 6.5%, Moody's has found, signaling CMBS delinquency rates may climb beyond the 8.3% pandemic peak before the end of 2024.
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September 03, 2024
IRS Should Be Bound By $2M Bankruptcy Deal, Justices Told
An Alabama real estate developer who sought bankruptcy protection and agreed to settle his tax debts for $2 million asked the U.S. Supreme Court to review a decision allowing the IRS to demand additional taxes from him, saying the agency shouldn't be allowed to back out of the deal.
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September 03, 2024
Multifamily Real Estate Co. Buys Ind. Apartment Community
Gray Capital bought a 384-unit Indianapolis, Indiana, Class A apartment community, acquiring its 11th apartment asset in the area, the multifamily investment company announced Tuesday.
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September 03, 2024
Ex-Miami Atty's Countersuit Tossed Due To Litigation Privilege
A Florida state judge has tossed an ex-Miami city attorney's countersuit against a constituent, saying her suit fighting real estate fraud allegations that she says led to her termination is barred by the state's litigation privilege doctrine in which absolute immunity protects certain statements made in court proceedings.
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September 03, 2024
Construction Spending Sees Summer Bump, Per US Census
Money doled out for construction projects in July was 6.7% higher than the U.S. Census Bureau's $2 trillion spending estimate that it provided in July 2023 when seasonally adjusted at an annual rate, the federal agency announced Tuesday.
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September 03, 2024
Former Aide To NY Gov. Indicted On Foreign Agent Charges
A former aide to New York Gov. Kathy Hochul and ex-Gov. Andrew Cuomo was arrested Tuesday on allegations of secretly acting as an agent of China's government in a yearslong political conspiracy to promote the interests of the Chinese Communist Party and reap millions of dollars.
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August 30, 2024
Property Plays: Sixth Street, Citadel, 49ers
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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August 30, 2024
New York Code Council, Officials Duck Natural Gas Ban Suit
A New York federal court dropped the New York Department of State, the New York State Fire Prevention and Building Code Council and several state officials from trade groups' challenge to the state's recent ban on natural gas in new construction.
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August 30, 2024
Steward Says It Has Deal To Avert Some Hospital Closures
Bankrupt hospital operator Steward Health Care System has a tentative agreement that would eliminate over $6 billion of claims against it, keep the majority of its 31 hospitals operating while saving three from potential closure and set it on a path to confirm a Chapter 11 plan, attorneys told a Texas bankruptcy judge Friday.
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August 30, 2024
Marcus & Millichap Unit Closes $95M Apartment Complex Sale
A subsidiary of brokerage Marcus & Millichap has arranged the $95 million sale of a Simi Valley, California, multifamily property.
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August 30, 2024
Condo Board Coverage Suit Over Maui Wildfire Gets Tossed
A Hawaii federal judge tossed an insurer's suit seeking to avoid representing a condo association and property manager after owners sent a letter blaming the association for illegally having insufficient insurance before the 2023 Maui wildfires decimated Lahaina, concluding matters were best left to Hawaii state court.
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August 30, 2024
Developer Closes $70.2M Wash. Multifamily Property Buy
Real estate developer, investor and operator Security Properties purchased a 159-unit Sammamish, Washington, multifamily property for $70.2 million, the company announced.
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August 30, 2024
PE Firm Bascom Snaps Up Bakersfield Complex For $56.6M
Bascom Group said it has acquired a 249-unit, build-to-rent property in Bakersfield, California, for $56.6 million, in its sixth purchase of 2024.
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August 30, 2024
Home REIT Sells 101 Properties For £18.5M
Home REIT PLC said Friday that it has sold more than 100 properties for £18.5 million ($24.4 million), as the struggling property investment trust looks to pay back its debts and inject working capital into the business.
Expert Analysis
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Beware Unique Compliance Risks In Home Equity Lending
As borrowers increasingly look to junior-lien mortgages and home equity lines of credit instead of first-lien mortgages, regulators will pay increased attention in turn and lenders will have to watch for a number of legal and regulatory pitfalls as they rush to meet this newfound demand, say attorneys at Orrick.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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New AI Lending Tech Could Exacerbate Old Bias Risks
As credit and mortgage lending businesses increasingly utilize artificial intelligence technology to help make decisions, they must be aware of the legal risks that may arise under familiar anti-discrimination laws, say Kali Bracey and Grace Wallack at Jenner & Block.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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AI Road Ahead Is Promising For Cautious Fintechs
Financial institutions should understand the conceptions and misconceptions about artificial intelligence likely to influence regulators, and proactively study potential adverse impacts and establish use case strategies and other guardrails for deploying AI, say attorneys at Jones Day.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Why All Eyes Are On Florida's Affordable Housing Reform
Florida's Live Local Act, which took effect last month, promotes much-needed affordable housing developments with a mix of zoning preemption provisions and tax benefits that may attract interest from developers across the nation, say attorneys at Nelson Mullins.
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What Came Of Texas Legislature's Long-Promised Tax Relief
Following promises of historic tax relief made possible by a record budget surplus, the Texas legislative session as a whole was one in which taxpayers that are large businesses could have done somewhat better, but the new legislation is clearly still a positive, say attorneys at Baker Botts.
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Looking Behind The Curtain Of Residential Transition Loans
As residential transition loans and securitizations of such loans grow increasingly popular, real estate stakeholders should take care to understand both the unique features and potential challenges offered by this novel asset class, say attorneys at Mayer Brown.
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Hedging Variable Interest Rates In A Volatile Market
Variable rate loans, which were an advantageous borrowing method prior to the recent Federal Reserve rate hikes and subsequent volatility, are now the difference between borrowers remaining current on their obligations and defaulting due to the sharply increasing debt service requirements of their loans, say attorneys at Cassin & Cassin.
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Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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CRA Plays Role In DOJ Fight Against Redlining
The U.S. Department of Justice’s recent consent order with ESSA Bank & Trust is a reminder that although the Community Reinvestment Act lacks a civil enforcement provision, financial institutions' CRA compliance efforts may have ramifications under various anti-discrimination statutes, say Collin Grier and Levi Swank at Goodwin.