Residential

  • May 10, 2024

    Nationstar Mortgage Wants To Escape 'Junk Fee' Suit

    Nationstar Mortgage LLC has asked a Washington federal judge to toss a proposed class action alleging it illegally charged homeowners a "junk fee" for written payoff quotes, saying the suit's claims fail because expedited payoff fees are not unlawful and do not breach the terms of the relevant loan agreements.

  • May 09, 2024

    Industry Orgs Urge DC Circ. To Ax HUD Disparate Impact Rule

    Several industry associations are backing a D.C. Circuit challenge to a U.S. Department of Housing and Urban Development rule governing disparate impact claims under the Fair Housing Act, contending the federal agency exceeded its powers and ignored Supreme Court precedent in issuing the regulation.

  • May 09, 2024

    Making Borrower Contact Ex Was Reasonable, Court Told

    A Connecticut woman's lawsuit accusing her mortgage servicer of forcing her to get in touch with an abusive ex-partner must be dismissed because it doesn't properly state a claim for violation of the Equal Credit Opportunity Act, the company told a federal court Thursday.

  • May 09, 2024

    REIT Says Insurers Must Cover Antitrust Conspiracy Claims

    A real estate investment trust accused its insurers of wrongfully denying coverage for an underlying multidistrict litigation alleging that the company was part of an antitrust conspiracy to inflate rents for multifamily housing, telling a Colorado federal court that the MDL falls plainly within multiple coverage parts of its policies.

  • May 09, 2024

    NY Appeals Court Says Parking Garage Is Rent-Stabilized

    A New York state appeals court on May 9 upheld a housing agency's decision finding that a parking garage in a building in the Bronx borough of New York City is rent-stabilized.

  • May 09, 2024

    NY Tribunal Affirms Couple Can't Claim Real Estate Deduction

    A New York couple was correctly denied a real estate deduction on their personal income tax returns because the husband didn't qualify as a real estate professional, the state Tax Appeals Tribunal affirmed in a decision released Thursday.

  • May 09, 2024

    Mass. Tax Board Axes Home's Value Based On Similar Sales

    A Massachusetts home was overvalued, the state Appellate Tax Board ruled, finding evidence of comparable sales presented by the homeowner to be persuasive.

  • May 09, 2024

    Colo. Lawmakers Approve Extended Property Tax Cuts

    Colorado would extend its current temporary property tax rate reductions into 2024 and would lower tax rates for future years under legislation passed by Colorado lawmakers that could save property owners about $1 billion in its first year.

  • May 09, 2024

    Va. Builder's Sand Purchases Found Subject To Sales Tax

    A Virginia homebuilder that purchased dirt and sand must pay sales tax on those purchases because both are tangible personal property, the state's tax commissioner ruled.

  • May 08, 2024

    Fla. Condo Terminations Could Spread, But Won't Be Easy

    A reckoning is approaching for aging condominium buildings across Florida, with state structural inspections and reserve studies mandated after the deadly 2021 Surfside building collapse due at year's end. But although this could present much needed redevelopment opportunities, the path looks as difficult to navigate as ever, experts said at a real estate conference this week in Miami.

  • May 08, 2024

    Execs Weigh In On Housing Trends At DLA Piper Panel

    Why is it so hard to build housing? Blame high interest rates, spiking insurance rates and maybe even some sort of elderberry beetle — according to a group of housing development executives gathered in Chicago this week for DLA Piper's annual real estate conference.

  • May 08, 2024

    Upstate NY Cities Aim To Join Rent-Regulated Ranks

    After a 2019 tweak to state law allowed localities beyond New York City and its surrounding counties to opt into rent stabilization for the first time since the original legislation was passed in 1974, a smattering of upstate cities have attempted to do just that, to varying degrees of success.

  • May 08, 2024

    Brokers Lean On Other Business With Transactions Flat In Q1

    Commercial real estate's big four brokers are still waiting for inflation to cool down so capital markets can rebound, despite signs in the first quarter that a recovery was underway.

  • May 08, 2024

    Norfolk Southern Class Counsel Talks Settlement, Legacy

    With residents of East Palestine, Ohio, on the verge of a $600 million payout for the 2023 Norfolk Southern train derailment, plaintiffs' co-lead counsel Jayne Conroy shared some thoughts about the role property values played in the proposed settlement and what ripple effect their arguments might have in similar cases.

  • May 08, 2024

    Coldwell Banker's Lockboxes Draw BIPA Suit

    Coldwell Banker has been sued in Illinois state court by a proposed class of employees who claim it violated Illinois' biometric privacy law by failing to get their informed consent before requiring them to scan their fingerprints to access biometric lockboxes that store keys for rental units shown to potential customers.

  • May 08, 2024

    NAR Magazine Subscribers Drop Data-Selling Claims

    A proposed class has mediated and permanently dismissed claims in Michigan federal court accusing the National Association of Realtors of illegally selling, exchanging and renting the personal data of subscribers to the NAR's Realtor magazine.

  • May 08, 2024

    Homebuyers Can't Stop NAR's $418M Settlement Hearing

    An Illinois federal judge said Wednesday she won't derail a final settlement hearing for the National Association of Realtors' $418 million deal with home sellers, despite a class of homebuyers' claims that the deal interferes with their separate case, saying they will have a chance to voice concerns at the hearing.  

  • May 08, 2024

    Nixon Peabody Closes Green Retrofit Deal For Mass. Housing

    Nixon Peabody LLP has wrapped up a deal that will allow older adults in Quincy, Massachusetts, to use U.S. Department of Housing and Development funds and a federally insured loan to build a new HVAC system that's energy efficient and to make their housing more accessible, the firm announced Wednesday.

  • May 08, 2024

    Colo. Lawmakers OK Historic Structure Tax Credit Extension

    Colorado's tax credit for rehabilitation of historic structures would be extended and apply to structures as young as 30 years old under legislation approved by the Senate and headed to the governor.

  • May 07, 2024

    LA Sued For Landmarking House Marilyn Monroe Died In

    Owners of a Los Angeles home where Marilyn Monroe died sued the city in California state court saying it orchestrating an illegal, rigged process to designate it as a historical landmark, arguing Monday nothing in the home shows the actress spent a single day in it.

  • May 07, 2024

    Real Estate Co. Says Privilege, Immunity Don't Protect Trustee

    A real estate company says a Chapter 7 trustee overseeing a Connecticut woman's personal bankruptcy cannot invoke the doctrine of qualified immunity or assert a litigation privilege to avoid being countersued for trying to stop a home sale the trustee considered fraudulent.

  • May 07, 2024

    Property Co. Gets $365M In Loans Modified For Biz Growth

    Property owner and manager The GSH Group wrapped up the modification of $365 million in multifamily senior loans for its properties with lender Arbor Realty, it announced Tuesday.

  • May 07, 2024

    Real Estate Co. Settles Homeowner's Telemarketing Suit

    A potential class settled its Telephone Consumer Protection Act suit against a New York real estate company that buys and sells homes, according to a New York federal judge's order.

  • May 07, 2024

    New Missouri Law Forces Landfills Further From Cities

    A new Missouri law will increase the radius for approvals needed from nearby municipalities for several types of landfills to one mile from half a mile, in what the governor called a "win for property rights."

  • May 07, 2024

    HUD Unveils $5.5B In Housing Grants, New Voucher Reforms

    The U.S. Department of Housing and Urban Development announced Tuesday that it will send over 2,400 housing grants worth $5.5 billion to 1,200 American communities, with the agency also detailing reforms to its housing voucher programs.

Expert Analysis

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    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.

  • AI Road Ahead Is Promising For Cautious Fintechs

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    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.

  • In-Office Engagement Is Essential To Associate Development

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    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.

  • How To Recognize And Recover From Lawyer Loneliness

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    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.

  • Why All Eyes Are On Florida's Affordable Housing Reform

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    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.

  • What Came Of Texas Legislature's Long-Promised Tax Relief

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    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.

  • Looking Behind The Curtain Of Residential Transition Loans

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    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.

  • Hedging Variable Interest Rates In A Volatile Market

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    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.

  • Mallory Gives Plaintiffs A Better Shot At Justice

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    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.

  • CRA Plays Role In DOJ Fight Against Redlining

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    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.

  • Colo. Eviction Case Could Transform Tenant Rights

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    The Colorado Supreme Court recently granted certiorari in a case that could open the door for tenants to assert allegations of discrimination and retaliation during eviction proceedings, and dramatically prolong the state's process, says Jacob Hollars at Spencer Fane.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Harsh 11th Circ. Rebuke Should Inspire Changes At CFPB

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    The Eleventh Circuit's recent Consumer Financial Protection Bureau v. Brown decision, which found the CFPB's conduct had been egregious in a debt collection enforcement action, should encourage some reflection at the bureau regarding its level of attention to the reasonable due process concerns of regulated institutions, says Eric Mogilnicki at Covington.