Residential

  • November 07, 2022

    Developer Files $18M Suit Over Gated Community Contract

    A Nevada-based developer has lodged an $18.5 million suit against entities that own and operate a gated community in Georgia, telling a state business court that they fabricated a nonexistent contractual provision in their attempt to skirt a development agreement.

  • November 07, 2022

    Mo. Commission Values Future Biz Space In Home As Residential

    A Missouri property should not have been assessed as a commercial property by a local assessor just because the owner applied for a federal loan to construct a commercial space, the state's tax commission said.

  • November 07, 2022

    Kelley Kronenberg Real Estate Atty Joins Taylor English In Fla.

    Taylor English Duma LLP added to its South Florida office a new real estate partner from Kelley Kronenberg who has more than a decade of experience.

  • November 07, 2022

    Vatican Hits Back At Italian Financier In London Property Suit

    The Vatican is fighting an Italian financier's effort to win a ruling that a controversial £40 million ($46 million) London property deal his company handled was executed in good faith, saying that he merely sued to offset the harm similar proceedings against him at the Vatican have done to his reputation.

  • November 07, 2022

    Judge Declares Mistrial In Fannie, Freddie Profit Sweep Suit

    A D.C. federal judge declared a mistrial Monday after eight jurors couldn't reach a verdict in a lawsuit brought by shareholders of Fannie Mae and Freddie Mac accusing the Federal Housing Finance Agency of improperly amending stock purchase agreements to allow the U.S. Treasury Department to sweep up the companies' net worths.

  • November 04, 2022

    Homebuyers Moving Much Farther Than In Past, NAR Says

    The median distance U.S. homebuyers moved from their previous address jumped from 15 miles to 50 in the past year as more worked remotely and chose to live in small towns or rural areas, according to this year's National Association of Realtors Profile of Home Buyers and Sellers.

  • November 04, 2022

    SF Residents Reach $5.4M Deal Over Toxic Former Navy Site

    Residents of a San Francisco neighborhood who say they were exposed to toxins from the allegedly shoddy cleanup and subsequent redevelopment of a contaminated former Navy shipyard have reached a $5.4 million settlement deal with developers of the site.

  • November 04, 2022

    Fannie, Freddie Profit Sweep Jury Is Deeply Divided

    A D.C. federal jury was still deadlocked Friday after roughly 18 hours of deliberation over Fannie Mae and Freddie Mac shareholders' claims that the Federal Housing Finance Agency improperly amended stock purchase agreements to allow the U.S. Department of the Treasury to sweep up the companies' net profits.

  • November 04, 2022

    Broker Pleads Guilty in $500M Real Estate Fraud Suit

    A broker involved in a $500 million real estate scheme for an apartment complex entered a plea agreement Friday with the U.S. Attorney's Office for the Western District of New York to pay $100,000 for his role in the scheme.

  • November 04, 2022

    NY Atty Suspended Amid Overdrawn Escrow Investigation

    A New York attorney has been suspended from practicing law after he failed to cooperate with an inquiry from an attorney grievance committee of a state appeals court that was looking into his escrow account after it was overdrawn.

  • November 04, 2022

    Condo Owners Can't Keep Neighbors Out Of Athens Alley

    A group of Athens, Georgia, condo owners cannot prevent its neighbors from using a portion of a disputed alley between their homes because it has no proof of ownership to the narrow way, the Georgia Court of Appeals has ruled in affirming a lower court's decision.

  • November 04, 2022

    NC Justices Order Appeals Court To Decide BofA Fraud Case

    The North Carolina Supreme Court has ordered an appeals court to make a decision on whether a trial judge properly dismissed a lawsuit from a group of homeowners accusing Bank of America of fraud in a mortgage modification program.

  • November 04, 2022

    Real Estate Rumors: Allstate, LIVWRK, AustralianSuper

    Allstate is reportedly in talks to move its headquarters into Chicago, LIVWRK is said to be buying a Miami development site for roughly $20 million, and Australian pension fund AustralianSuper is reportedly in talks to buy a Berlin mixed-use project.

  • November 04, 2022

    Developer Brings New Plan For Abandoned Texas Build Site

    A New York developer is working to bring a mixed-use project to a site in Frisco, Texas, after another firm's $2 billion plan for the 112-acre area stalled out in 2017, leaving abandoned building shells and a hole in the ground for a never-finished parking garage.

  • November 04, 2022

    Boston Globe Reporter Fights Harvard Bribe Case Subpoena

    A Boston Globe journalist who wrote about a Maryland businessman accused of bribing a Harvard University fencing coach said he shouldn't be forced to testify at trial because "the government has charged and proceeded with this case based on its own ample investigatory powers."

  • November 04, 2022

    The Housing Crisis Dominates Hawaii's Gubernatorial Race

    To live in Hawaii is to have a front row seat to the housing crunch that in recent years has gripped all of America, a problem so entrenched and intractable in the Pacific archipelago that it once again ranks at the top of voters' concerns in this year's election cycle.

  • November 04, 2022

    Housing Crisis Roils Midterm Races Across US

    Rising home prices and rents have brought housing politics to the fore in midterm races around the country.

  • November 03, 2022

    EPA Hit With Suit Over Boston Rivers Pollution

    Two environmental groups claim the Environmental Protection Agency is violating the Clean Water Act by failing to take necessary action to protect three Boston rivers from polluted runoff.

  • November 03, 2022

    NY Says Penn Station Records Are Off-Limits

    Empire State Development Corp. argues it does not have to disclose certain financial documents tied to the multibillion-dollar renovation of Pennsylvania Station in a New York state court suit accusing the agency of failing to disclose contacts with developer Vornado Realty Trust, the largest property owner affected by the project.

  • November 03, 2022

    HUD Proposes Buy America Waiver For Low-Value Projects

    The U.S. Department of Housing and Urban Development has proposed blanket waivers to domestic sourcing requirements for low-value and exigent projects funded by the agency, saying the exceptions would help avoid delays to important pending housing projects.

  • November 03, 2022

    Stockholder Challenges Single-Family Rental Co.'s SPAC Deal

    A stockholder sued a special purpose acquisition company in New York federal court on Thursday to prevent it from merging with the parent company of Renters Warehouse, accusing the SPAC of omitting key details in its proxy statement.

  • November 03, 2022

    Ga. Judges Say Property Owner Can Fight City Condemnation

    The Georgia Court of Appeals said Edgewater Hall Enterprises LLC should have been allowed to challenge the city of Canton, Georgia, in its quest to condemn a permanent easement on its property to build a pedestrian walkway and maintain a gravity sewer main, finding a trial court erred when it decided otherwise.

  • November 03, 2022

    Fla. Justices Hint That Rentals Can Limit Property Tax Break

    Two Florida Supreme Court justices sounded favorable Thursday toward reducing the homestead exemption of a residence with rooms that were rented out for years but grappled with defining exactly when rentals can limit the property tax benefit for primary residences.

  • November 03, 2022

    Sherman & Howard Tries To Save Colo. Malpractice Win

    A doctor suing his former law firm for malpractice is arguing that he never should have been forced into arbitration with the firm, in part because he never signed the firm's engagement letter that contained the arbitration clause.

  • November 03, 2022

    Mortgage Co., Title Insurer Settle Wire Fraud Coverage Row

    A mortgage company, First American Title Insurance Co. and First American's agent have settled a dispute over coverage of wire fraud losses that occurred during a mortgage refinancing deal insured by First American, according to a Maryland federal court order Thursday.

Expert Analysis

  • Despite Giuliani's Assertion, Lawyers Cannot 'Throw A Fake'

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    A new transcript reveals Rudy Giuliani telling federal agents in 2018 that it was permissible to "throw a fake" during a political campaign, but the notion that lawyers can commit acts of dishonesty without consequence as long as they do so outside their professional practice is belied by the rules of professional conduct and case law, says Hilary Gerzhoy at Harris Wiltshire.

  • NY Bankruptcy Preemption Case Needs High Court Review

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    Until the U.S. Supreme Court agrees to review Pilevsky v. Sutton 58 Associates — and reverses the New York Court of Appeals’ decision that bankruptcy preemption does not bar state court tortious interference claims — organizations risk civil liability for providing professional services or loans to financially distressed entities, say Darren Azman and Natalie Rowles at McDermott.

  • Embracing ESG

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    In this Expert Analysis series, in-house counsel share how they are adapting to the growing importance of environmental, social and corporate governance factors.

  • The Right Condo Governance Provisions Can Enhance Safety

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    Though condominium and community governance documents cannot prevent a structural failure, such as the Champlain Towers tragedy, developers and their lawyers can draft these documents to better educate board members and remove obstacles to preserving community assets, says Bob Burton at Winstead.

  • Worse Can Be Better For Nonjudicial CERCLA Allocation

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    With the U.S. Supreme Court's recent Guam v. U.S. decision potentially reviving some previously time-barred claims under the Comprehensive Environmental Response, Compensation and Liability Act, parties seeking nonjudicial Superfund settlements should consider that a quicker, less in-depth allocation process may produce a better result, says William Ford at Lathrop GPM.

  • Risks To Consider For Commercial Real Estate Gap Closings

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    The use of the gap closing mechanism in commercial real estate transactions — when there is a delay between a purchase and the recording of documents — has been increasing amid the pandemic, but certain complications can arise for buyers when an intervening matter influences a title's quality, says Jennifer Ioli at Sherin and Lodgen.

  • Time To Rethink Florida's Condo Termination Law

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    In light of the Champlain Towers tragedy, legislators must find a proactive strategy for dealing with Florida's other aging condominiums, although previous attempts have been complicated by judicial actions and financial downturns, says Martin Schwartz at Bilzin Sumberg.

  • Where Insurance Coverage For Condo Collapse Gets Murky

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    Property and casualty coverage for the Champlain Towers tragedy may be complicated, since different versions of collapse coverage are found in different policies, both for the individual condo owners and the condominium association, say Glenn Jacobson and Mark Binsky at Abrams Gorelick.

  • HUD's Disparate Impact Proposal Shows New Gov't Priorities

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    A recent U.S. Department of Housing and Urban Development proposal to streamline the disparate impacts test for assessing Fair Housing Act discrimination is indicative of the government's increasing focus on consumer rights and equal treatment under the law, say attorneys at Arnold & Porter.

  • Don't Expect 2008-Style Suits After Next Housing Crash

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    As pandemic-related supply and demand issues have led to a massive surge in housing prices, market corrections are sure to follow, and the legal fights that emerge will probably differ from the 2008 subprime mortgage crisis in key ways, says Eric Madsen at Berkeley Research Group.

  • Surfside Condo Collapse Highlights HOA Responsibilities

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    The recent collapse of a condo building in Surfside, Florida, and the ensuing litigation, are calling attention to the obligations of homeowners' associations across the country, making it a good time to brush up on best practices, says Jeanne Grove at Kaufman Dolowich.

  • Tips For Managing Price Escalation In Construction Projects

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    With material costs skyrocketing this year, contractors can better anticipate the risk of price escalation in construction by taking several steps during the bidding, contract negotiation and performance phases of a project, says Tamara McNulty at Potomac Law.

  • What Biden's Tax Proposals May Mean For Int'l Private Clients

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    Jennifer Wioncek and Paul D’Alessandro at Bilzin Sumberg discuss the U.S. Department of the Treasury's recently released explanation of the Biden administration's tax proposals and how the changes would affect income and wealth transfer planning for international private clients.