Residential

  • January 10, 2023

    Bankrupt NJ Developer Gets OK To Close On Real Estate Buy

    A New Jersey bankruptcy judge Tuesday gave real estate developer National Realty Investment Advisors permission to close on a $9.25 million pre-Chapter 11 real estate deal after it said the purchase would ultimately bring in more cash to pay its creditors.

  • January 09, 2023

    DC Faces Transformative Moment In Federal Hybrid Work Era

    As the federal government continues embracing a hybrid work model, Washington, D.C., officials, real estate professionals and economic development experts are weighing how to put dozens of near-empty federal office buildings to better use.

  • January 09, 2023

    Meta Subject To Housing Ads Oversight Until 2026, Feds Say

    Meta Platforms will be supervised until 2026 to ensure its compliance with an agreement to stop using a tool that allows its advertisers to exclude certain Facebook users from seeing housing ads based on their race, religion, sex, disability and national origin, the U.S. Department of Justice said Monday.

  • January 09, 2023

    11th Circ. Lets Nationwide Off In Faulty Construction Row

    The Eleventh Circuit on Monday agreed with an Alabama federal court in finding that a Nationwide unit does not have to indemnify two homeowners for a $900,000 judgment that a state court awarded to them for defective construction work on their house by the unit's insured.

  • January 09, 2023

    Atty Asks 5th Circ. For Fast Exit From Lewis Brisbois TM Row

    A Texas attorney on the receiving end of a trademark suit by Lewis Brisbois Bisgaard & Smith LLP asked the Fifth Circuit to force a federal judge to rule on her motions to escape the suit, arguing that the judge has taken more than a month to rule after he said he would do so "expeditiously."

  • January 09, 2023

    Justices Bat Down Fannie, Freddie Investor 'Sweep' Appeals

    The U.S. Supreme Court said Monday that it will not hear a collection of appeals brought by Fannie Mae and Freddie Mac investors challenging the federal government's Obama-era, multibillion-dollar "net worth sweep" of the two mortgage giants.

  • January 09, 2023

    Task Force Urges NYC To Ease Office Conversion Regulations

    A task force led by New York City's planning director pushed for changes to state laws and city zoning rules to allow for a huge swath of the Big Apple's office space to be more easily converted into housing.

  • January 09, 2023

    Feds Want To Nix Last Claim In Navajo Relocation Suit

    Federal officials are renewing their push to escape allegations that the U.S. government shirked a decades-old pledge to help Navajo citizens relocate from land belonging to the Hopi Tribe, arguing that 1974 legislation does not require them to build entire communities for such people.

  • January 09, 2023

    LA Hit With Suit Challenging Constitutionality Of 'Mansion Tax'

    A so-called mansion tax, one on high-end properties approved in November by Los Angeles voters, is unconstitutional and should be blocked, several property owners told a federal court.

  • January 09, 2023

    Couple Can't Claim Real Estate Theft Losses, US Says

    A South Carolina federal court should reject a couple's bid to recoup taxes based on their claims for theft loss deductions, the U.S. government argued, saying there wasn't a theft of their real estate investments as they have alleged.

  • January 09, 2023

    Insurer Wants $28M Texas Freeze Suit Moved To Federal Court

    Great American Insurance Co. asked a Texas state judge on Monday to remove to federal court a landlord's suit seeking more than $28 million he claims the insurer owes for damage stemming from power outages during the February 2021 Texas winter storm.

  • January 09, 2023

    NYC Housing Authority Residents Plagued By Utility Outages

    New York City Housing Authority residents faced increased utility outages last year for heat and running water, the Legal Aid Society announced Monday.

  • January 09, 2023

    Real Estate Execs Say Founder Left Firm By Choice, Not Force

    Four partners in Chicago real estate company Rockwell Partners asked an Illinois federal judge to dismiss a case brought by a former partner who claimed he was illegally forced out of the company, saying he failed to prove any wrongdoing and that he left of his own volition.

  • January 09, 2023

    4th Circ. Revives 'Trojan Horse' Mortgage Docs Suit

    The Fourth Circuit revived a Virginia man's fraud claim over an allegedly deceptive loan agreement that attempted to take his home, ruling on Monday that the lower court erred by determining that the homeowner didn't reasonably rely on what he was told about the agreement.

  • January 09, 2023

    LA Builder Appeals Toss Of $100M Suit Over Anti-Eviction Law

    Billionaire developer and landlord Geoffrey Palmer is appealing to the Ninth Circuit the dismissal of a $100 million federal lawsuit brought against Los Angeles by his companies, hoping to revive the effort to recover money he claims he lost from the city's anti-eviction law during the onset of the COVID-19 pandemic.

  • January 09, 2023

    RealPage Plaintiffs Back National Structure For Antitrust Suits

    A group of plaintiffs' lawyers have argued in Washington federal court that a structure they proposed last month to combine a series of antitrust cases against RealPage Inc. and some of the country's biggest landlords should stand despite objections from opposing plaintiffs' attorneys.

  • January 09, 2023

    Barley Snyder Promotes 4 Attorneys To Partner

    Barley Snyder has welcomed four partners to the firm's partnership group, effective Jan. 1, the Pennsylvania-based firm announced.

  • January 09, 2023

    Atty Sanctioned For Filing Suit Without Plaintiff's Consent

    A suspended Pennsylvania lawyer is facing new sanctions in New Jersey after filing a home foreclosure lawsuit on behalf of a plaintiff he had never met, with a federal judge dubbing the attorney's continued practice of law as an "active danger" over his history of negligence, frivolous lawsuits and repeated lies.

  • January 09, 2023

    Day Pitney Brings On Boutique CEO As Fla. Real Estate Head

    Day Pitney LLP has absorbed the attorneys from a Florida real estate boutique and tapped its chairman and CEO to lead the firm's real estate practice in the Sunshine State

  • January 09, 2023

    Pa. Town Accused Of Cutting Off Home's Sewer Line

    A Pennsylvania town allegedly cut off a home's sewer line when the town demolished nearby homes to redevelop the area, which a suit claims counts as a "de facto taking" of the home since it's uninhabitable due to sewage problems.

  • January 09, 2023

    Insurer, Fla. Condo Group Reach Deal In $18M Irma Suit

    A Florida federal judge administratively closed a Miami-area condo association's case against its insurer over $18 million in storm damage from Hurricane Irma after the parties reached a settlement, according to court papers.

  • January 09, 2023

    San Francisco Homeless Site Violates Clean Air Act, Suit Says

    An alliance representing one of San Francisco's most pollution-burdened minority communities is suing the city for allegedly using unpermitted diesel generators to provide power to a temporary homeless site established at Candlestick Point State Recreational Area.

  • January 09, 2023

    High Court Won't Wade Into Realtor Listing Antitrust Suit

    The U.S. Supreme Court refused Monday to scrutinize a Ninth Circuit decision that had revived an off-market listing service's antitrust suit challenging a recently enacted National Association of Realtors listing rule.

  • January 09, 2023

    Industry Blasts New 'Waters Of The United States' Rule

    Industry groups that have urged the U.S. Supreme Court to alter federal agencies' approach to regulating construction near wetlands are criticizing a new rule published by the Biden administration.

  • January 09, 2023

    IRS Seeks Input On Housing Credit Carryover Allocation Docs

    The Internal Revenue Service asked for feedback Monday on a schedule for state agencies to report carryover allocations of low-income housing credits and a related form.

Expert Analysis

  • NY Decision Does Not Mean The End Of RMBS Litigation

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    Though a New York state appeals court's recent decision in U.S. Bank National v. DLJ Mortgage seemingly calls into question many residential mortgage-backed securities claims, the implications of this case are not necessarily so dire for investors, says Donald Hawthorne at Curtis.

  • 2 Housing Cases Strengthen Calif.'s Density Bonus Law

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    In concert with the California Legislature's recent efforts to extend the reach of the Density Bonus Law, two Court of Appeal decisions reflect the state's deepening commitment to enforce housing law, and stand as the most significant and relevant published case law in nearly a decade, say Daniel Golub and William Sterling at Holland & Knight.

  • What Calif. Housing Laws Mean For Historic Real Estate

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    Though some of California's new housing laws lessen regulations on the construction of new housing, existing regulations help protect historic real estate and resources, and there are actions attorneys and their clients can take to encourage greater protection of these sites, says Amy Minteer at Chatten-Brown Carstens.

  • 9th Circ. FCRA Ruling Highlights Furnishers' Role In Disputes

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    A recent Ninth Circuit decision in a consumer credit reporting suit against CitiMortgage raises a host of legal questions, and is an opportunity for creditors that furnish information to consumer reporting agencies to evaluate how they respond to consumer disputes and assess their overall compliance with the Fair Credit Reporting Act, say Sasha Leonhardt and Cierra Newman at Buckley.

  • What Endless Tolling Of Claims Means For NY Litigation

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    A New York state court's decision in Freedom Trust v. HSBC Bank theoretically allows New York litigants to toll their claims forever, to the benefit of both plaintiffs and defendants, who will have more time to either build their case or aim for resolution outside the courts, say attorneys at McKool Smith.

  • Why NY Foreclosure Abuse Prevention Act Should Pass

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    The Foreclosure Abuse Prevention Act, under consideration by the New York Senate, aims to prevent manipulation of the statute of limitations and should be championed by all who favor an even-handed and consistent application of the law, say Jeffrey Cohen and Christopher Gorman at Abrams Fensterman.

  • Enviro Assessment Rule May Help Lower Buyers' PFAS Risks

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    The U.S. Environmental Protection Agency's new rule incorporating the latest American Society for Testing and Materials standard for Phase I environmental site assessments should be helpful for purchasers of real property seeking greater protection against liability for per- and polyfluoroalkyl substances, say attorneys at Alston & Bird.

  • UC Berkeley Case Highlights Need To Narrow CEQA's Reach

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    Following the California Supreme Court's UC Berkeley decision last year, the California Environmental Quality Act was recently amended to clarify that college enrollment increases are not subject to CEQA review — a reminder of the need to keep the act focused on advancing key environmental objectives, says Liz Klebaner at Nossaman.

  • Condo Termination Considerations For Fla. Developers

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    Proposed changes to Florida law could increase costs for condominium owners, but the termination process creates an opportunity for developers to avoid those costs as long as they are prepared for potential roadblocks, says Barry Lapides and Edward Baker at Berger Singerman.

  • NY Foreclosure Bills Would Destroy A Key Consumer Right

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    If passed, New York’s Foreclosure Abuse Prevention Act would end a lender’s right to undo a mortgage acceleration after default and stop the statute of limitations to enforce accrual, thereby eliminating homeowners’ hard-won right to cure payment defaults, with disastrous consequences for consumer borrowers, says Adam Swanson at McCarter & English.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • How Mortgage Duty Of Care Opinion May Affect Calif. Tort Law

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    In Sheen v. Wells Fargo, the California Supreme Court recently rejected the idea that mortgage borrowers are owed a duty of care in the loan modification application process, but the limited holding leaves the door ajar for other borrower tort claims against lenders and loan servicers, says Jarrett Osborne-Revis at Buchalter.

  • EPA Lead Paint Shift Could Boost Property Managers' Liability

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    The U.S. Environmental Protection Agency's recent revisions to a guidance document on removal of lead-based paint from residential buildings suggests that going forward, the agency may in many cases hold property management companies to the same liability standards as contractors performing lead-related work, says Susan Richardson at Kilpatrick Townsend.