Residential
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March 27, 2023
US Goes After $3.7M From Convicted Tax Evader
A woman who was found guilty of attempting to evade taxes owes the U.S. government over $3.7 million in assessments for 2003 through 2006, the government told an Arizona federal court in a complaint.
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March 27, 2023
Lender Wants Oversight Of DC Apartments After $3M Default
Real estate lender Genesis Capital LLC wants a receiver to take control of a District of Columbia apartment complex after the complex allegedly defaulted on a $3 million loan.
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March 27, 2023
Justices Ask For SG Input On BofA Escrow Interest Fight
The U.S. Supreme Court on Monday asked the solicitor general to weigh in on New York's attempt to force Bank of America NA to pay interest on mortgage escrow accounts after the Second Circuit sided with the lender in September.
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March 24, 2023
DOJ Appealing Block Of Realtor Antitrust Probe
The U.S. Department of Justice told a Washington, D.C., federal court Friday that it is appealing an order that prevented it from reopening an investigation into whether certain National Association of Realtors rules are anti-competitive after a prior settlement with the trade group.
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March 24, 2023
Fla. Lawmakers OK Workforce Housing Bill, Ban Rent Control
Faced with a major housing crisis, the Florida Legislature on Friday took its most substantial action on the issue in decades by passing legislation that includes $711 million in appropriations this year and multiple other provisions aimed at boosting the state's inventory of affordable and workforce housing.
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March 24, 2023
Property Plays: Purpose, David Duchovny, Origin
Developer Purpose Cos. reportedly plans to spend $28 million on an Ohio multifamily project, actor David Duchovny is said to have sold a New York co-op for $5.7 million, and an Origin Investments venture is reportedly developing build-to-rent projects in three different markets.
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March 24, 2023
Kuwait Minister's Theft Case Stayed, Paving The Way For Trial
A California state court has agreed to pause the government of Kuwait's suit accusing a former deputy prime minister of embezzling millions from the nation and hiding it in California real estate while an overlapping federal civil forfeiture case goes to trial.
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March 24, 2023
Tenants Ask For Tennessee Venue In RealPage Litigation
Two groups of tenants accusing RealPage Inc. and several large landlords of colluding to drive up rent are urging the U.S. Judicial Panel on Multidistrict Litigation to move a series of lawsuits making similar claims to Tennessee federal court.
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March 24, 2023
Munich Re's Fire Coverage Suit Axed In Favor Of State Cases
A Pennsylvania federal judge tossed a Munich Re unit's fire coverage row with a roofing company, finding it would be inappropriate for his court to decide the matter before related, underlying suits in state court are resolved.
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March 24, 2023
Wells Fargo Must Face 3 Ga. Counties' Fair Housing Suit
A Georgia federal judge has refused to free Wells Fargo & Co. and several subsidiaries from a suit brought by three Georgia counties over allegedly discriminatory home lending and foreclosure practices, finding the counties' latest complaint established the timeliness of their case.
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March 24, 2023
Atty Named In NYC Deed Dispute Says Claims Are Too Late
A New York attorney named as a co-conspirator in an alleged deed theft scheme surrounding a Brooklyn brownstone has told a New York state court that the suit filed against him in October, the latest twist in a yearslong bitter dispute, came too late.
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March 24, 2023
Fannie Mae Pushes Recession Forecast To 2nd Half of 2023
Fannie Mae on Friday pushed back the probability of a modest recession from the second quarter of 2023 to the second half of the year, with the failures of Silicon Valley Bank and Signature Bank serving as an early sign of a coming slowdown.
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March 24, 2023
Weekly Internal Revenue Bulletin
The Internal Revenue Service released its weekly bulletin, which included guidance that provided indexing adjustment amounts for 2024 used in calculating employer health coverage penalties.
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March 24, 2023
DC Atty General Mandates Housing Safety Upgrades At 4 Sites
Washington, D.C., Attorney General Brian L. Schwalb on Friday announced four landlords have settled cases over safety and security threats to tenants that range from rodent infestations to illegal firearms.
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March 23, 2023
Attys Slapped With Sanctions In Suit Over Real Estate Scheme
A North Carolina federal judge, sick of bad behavior from a defendant and his counsel in a real estate suit over rigged foreclosure sales, has slapped them with sanctions, one for $25,000.
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March 23, 2023
Insurer Owes $13M Over Builder's Shoddy Work, Suit Says
A New Jersey-based insurer who represented a contractor in a suit related to alleged shoddy repair work on a Colorado property repeatedly undermined its client's wishes and rashly tried to low-ball the property owner in settlement talks, then refused to pay the $13 million settlement, according to a suit filed by the property owner.
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March 23, 2023
Watchdog Rebukes Philly Housing Authority For Lead Hazards
The Philadelphia Housing Authority has mismanaged lead-based paint hazards in its dwellings, repeatedly missing deadlines to inspect and mitigate hazards, and putting households with young children at an increased risk of lead exposure, a federal watchdog said Thursday.
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March 23, 2023
Apt. Owner Wants City Violation Suit Moved To Federal Court
Defendants in a suit brought by the city of Cleveland alleging that a group of multifamily properties with 107 code violations has become a public nuisance are asking that the case be removed to federal court.
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March 23, 2023
Indiana Housing Group Scores Settlement In Class Action
A group of renters and an equal housing opportunity nonprofit in Indiana reached a settlement with an Indianapolis-based real estate company this week, after a nearly six-year class action that accused the firm and others of violating federal laws through a rent-to-buy program that targeted minority consumers.
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March 23, 2023
Remodeling Gains Cemented Housing Inequity, Report Shows
America's housing stock is in growing need of repair and maintenance, despite the significant surge in remodeling activity that took place during the preceding years of the pandemic, according to a report released Thursday by a Harvard research center.
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March 23, 2023
Real Estate Rumors: Michael Rock, Triarch Capital, Timberland
An entity led by investor Michael Rock is said to have sold a Baltimore mixed-use property for $5 million, Triarch Capital has reportedly paid $17.1 million for a Miami-area retail center and Timberland Partners has reportedly dropped $40 million on a Tennessee apartment complex.
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March 23, 2023
Developer Looks To Startup For More Rain Across Portfolio
A technology firm in Austin, Texas, that "enhances" rainfall volume using ionization technology has partnered with Discovery Land Co. to deploy its technology to generate heavier rains at the residential and resort developer's properties worldwide, the companies announced Thursday.
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March 23, 2023
Kan. Man's Estate Liable For $1.1M Tax Bill, US Says
A Kansas resident's estate owes more than $1.1 million in unpaid taxes, interest, penalties and fees, the U.S. said in a complaint filed Thursday in Kansas federal court that also named the dead man's grandson as a defendant.
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March 23, 2023
Dallas Home Inspections Need Consent Or Warrant, Suit Says
The owners of two Dallas apartment complexes sued the city in Texas federal court this week, alleging a code provision that the municipality has used to conduct property inspections without owners' consent or a warrant is unconstitutional.
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March 23, 2023
Fla. Co. Misclassified Workers As Contractors, Suit Says
A Florida-based company that hires vendors to provide maintenance and upkeep services for properties in foreclosure is facing a proposed class action alleging that participants were improperly paid as independent contractors, though the company treated them like employees.
Expert Analysis
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Why The Original 'Rocket Docket' Will Likely Resume Its Pace
Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.
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How Gov't Enviro Justice Push May Affect Developers
Attorneys at Crowell & Moring contextualize the U.S. Environmental Protection Agency's recent guidance on environmental justice and permitting decisions, and the U.S. Department of Energy's requests for input on using grants to achieve EJ goals, highlighting practical implications for project developers and other industry participants.
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The Discipline George Santos Would Face If He Were A Lawyer
Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.
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FinCEN Report Holds Key Russia-Linked Risk Considerations
A recent report from the Financial Crimes Enforcement Network reminds financial institutions to review guidance issued on reporting Russia-linked suspicious activity, emphasizing the need to review anti-money laundering and sanctions monitoring processes to remain adaptive to global developments, say Siana Danch and Peter Hardy at Ballard Spahr.
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A Litigation Move That Could Conserve Discovery Resources
Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.
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Litigators Should Approach AI Tools With Caution
Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.
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Agency Actions Show Shared Focus On Digital Ad Tactics
Recent coordinated actions taken by the Consumer Financial Protection Bureau, U.S. Department of Justice and Federal Trade Commission demonstrate a new focus on assailing two distinct digital advertising practices — dark patterns and the use of algorithms for targeting consumers, say Kyle Tayman and Tierney Smith at Goodwin.
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9th Circ. Ruling Clarifies Homestead Exemption Ambiguities
The Ninth Circuit's decision in Barclay v. Boskoski in November sheds light on the amount of homestead exemption a debtor may be entitled to, potentially creating a perverse incentive that pushes creditors to force the sales of debtors' homes, says Deborah Kovsky-Apap at Troutman Pepper.
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5 Ways Attorneys Can Use Emotion In Client Pitches
Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.
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A Look At Lease Expansion Options In A Challenging Market
Expansion options can provide a powerful incentive for businesses to sign long-term leases even amid economic uncertainty, but both landlords and tenants must carefully consider the potential rights and terms, says Kris Ferranti at Shearman.
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5 Keys To A Productive Mediation
Excerpt from Practical Guidance
Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.
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Preparing For An Era Of Regulated Artificial Intelligence
In light of developing regulatory activity aimed at governing the use of artificial intelligence, companies should implement best practices that focus on the fundamental principles that are driving regulators' actions, say attorneys at Troutman Pepper.
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Bankruptcy Ruling May Mean Harsh Results For Beneficiaries
Surety bond decisions that use subjective analyses to aid a sympathetic claimant, such as a Tennessee bankruptcy court’s recent decision in Pinnacle Constructors, create uncertainty that could ultimately lead to severe results for future beneficiaries, says Lisa Tancredi at Womble Bond.