Residential

  • September 22, 2022

    CFPB Seeks Input On How To Spread Refi Wealth

    The Consumer Financial Protection Bureau turned its focus toward homeowners' bottom line on Thursday, asking the public for input on how to make household savings from refinancing more accessible to the broader population.

  • September 22, 2022

    Delayed Notice Relieves Insurer From Covering Defect Suits

    A construction company is not entitled to coverage for a pair of underlying construction defect suits, an Alabama federal court ruled, saying the builder's failure to provide timely notice of the suits relieved its insurer of any coverage obligations.

  • September 21, 2022

    Illinois Justices Mull Condo Sellers' Ability To Sue Over Fees

    A management company urged the Illinois Supreme Court Wednesday to reject the finding of two lower courts that a state law governing condominiums allows condo unit sellers to sue property managers over allegedly excessive fees they charged for providing the sellers documents they were required to disclose to prospective buyers.

  • September 21, 2022

    8th Circ. Cues Up Fresh Look In Mobile Home Voucher Suit

    Whether accepting a rental voucher amounted to reasonable accommodation for an Iowa mobile home park resident's disabilities could be decided without deference to a lower court's findings, an Eighth Circuit panel signaled Wednesday.

  • September 21, 2022

    HUD To Hand Out $175M For Low-Income Senior Housing

    The U.S. Department of Housing and Urban Development said Wednesday that it will award up to $174.6 million in grants to build new low-income senior housing projects and support existing ones across the country, as demand for such homes is at an all-time high.

  • September 21, 2022

    Insurer Urges Ill. Justices To Sink Tenants' Fire Defense Bid

    Auto-Owners Insurance Co. urged the Illinois Supreme Court on Wednesday to keep a rental property's tenants from taking "a wrecking ball" to the duty to defend and reverse a lower court's finding that it should defend them in a handyman's fire negligence suit.

  • September 21, 2022

    Judge Won't Let Zillow Off Hook In Suit Over Agents, Prices

    A judge allowed a real estate broker's suit against Zillow for steering homebuyers to preferred advertising agents and using misleading pricing to move forward on Wednesday in Connecticut federal court, although she dismissed portions of the broker's argument.

  • September 21, 2022

    Dentons Guides $148M Multi-State Self Storage Deal

    Dentons US helped Brighthouse Life Insurance Co. with a $148 million loan to West Palm Beach, Florida-based investment group SROA Capital for a 12-state self-storage portfolio, according to a document recorded Monday in Broward County, Florida.

  • September 21, 2022

    NJ Developer Says Atty Delayed Condo Project, Overbilled

    A New Jersey attorney has been hit with a malpractice suit from a real estate developer who claims the lawyer mangled efforts to secure approvals for a new condominium complex in Toms River, New Jersey, and overcharged for legal fees in a separate matter.

  • September 21, 2022

    NJ Atty Avoids Default Loss In Fla. Couple's Malpractice Suit

    A lawyer's delayed response to a malpractice suit may not make him "a model of diligence," but it wasn't enough to be inexcusable, a New Jersey federal judge ruled in rejecting a couple's default judgment motion against the attorney and his law firm in a case over his alleged failure to prevent the couple's home from being foreclosed.

  • September 21, 2022

    Listing Magazine Appeals Zillow Antitrust Loss To 2nd Circ.

    A home listing magazine on Wednesday filed a notice of appeal to the Second Circuit to challenge a Vermont federal judge's dismissal of its antitrust suit against Zillow, which the magazine accused of having deceptive for-sale-by-owner listings that put sellers into contact with commission-earning real estate agents.

  • September 21, 2022

    How Miami Boutique Keeps Pace In Booming Fla. Legal Market

    As a string of national firms have recently planted flags in South Florida, the region's booming legal market has also boosted outfits like the Miami-based boutique Haber Law, which has increased its headcount by 25% over the last six months with a focus on practices tied to the city's development.

  • September 21, 2022

    Law Firm Fights Malpractice Claims In NJ Land Appraisal Row

    A boutique law firm accused of bungling the defense in a property value dispute asked a New Jersey state court to throw out its clients' malpractice claims, saying the underlying case isn't over and its clients haven't been harmed.

  • September 21, 2022

    Latham Brings On Winston & Strawn Real Estate Pro In LA

    Latham & Watkins LLP announced Tuesday it is expanding its California team by adding a Winston & Strawn LLP real estate expert as a partner in its Los Angeles office.

  • September 20, 2022

    NYC Recoups $1M In Fines From Banks For 'Zombie' Homes

    New York City announced Tuesday it has recouped $1 million in fines from financial institutions that hold mortgages to abandoned properties stuck in legal limbo, since a state "zombie" law requiring mortgage holders to maintain such properties went into effect.

  • September 20, 2022

    11th Circ. Asks How New Law Affects Marine Base Water Suit

    The Eleventh Circuit asked the federal government and residents suing over their exposure to contaminated drinking water at the Camp Lejeune military base to explain how a new law authorizing legal claims affects the litigation.

  • September 20, 2022

    Real Estate Tech Firm Raises $20M In Series A Funding

    Miami-based DoorLoop, which sells software for property owners and managers to handle interactions with tenants and other tasks online, raised $20 million to ramp up its growth, the company announced Tuesday.

  • September 20, 2022

    US Seeks To Force Property Sale To Pay Man's $1.8M Tax Bill

    The U.S. asked a California federal court Tuesday to foreclose on a property allegedly owned by a man convicted of tax evasion, saying it wants the proceeds to pay down his more than $1.8 million in tax liabilities.

  • September 20, 2022

    NY Real Estate Firm Closes $292M Affordable Housing Fund

    Hudson Valley Property Group said Tuesday it has clinched its second real estate private equity fund at $292 million to invest in and preserve affordable housing projects across the U.S.

  • September 20, 2022

    While Home Construction Rises, Builders Are Wary

    Developers started and completed construction on housing in August at rates that outstripped the previous month, while the number of permits issued for new construction fell 10%, according to monthly statistics released by the federal government on Tuesday.

  • September 20, 2022

    Realtor Group Says Magazine Free From Mailing List Laws

    The National Association of Realtors told a Michigan federal court Monday that its members don't pay or ask for copies of its Realtor magazine in a bid to end a proposed class action accusing it of sharing subscriber information without permission.

  • September 20, 2022

    Dutch Gov't Proposes Higher Corporate Taxes In Budget

    The Netherlands' government Tuesday proposed raising corporate income tax rates while reducing the qualifying profit levels for a discounted rate to help pay for €17.2 billion ($17.15 billion) in spending measures.

  • September 20, 2022

    Group Asks Justices To End 'Musical Chairs' In Pipeline Case

    A group of landowners are asking the U.S. Supreme Court to order a trial court to take up their challenge to a private company's use of eminent domain on the $6 billion Mountain Valley Pipeline project in Virginia and West Virginia.

  • September 20, 2022

    Developer Pays DC AG $300K To Settle 'Blockbusting' Claims

    The Office of the Attorney General for the District of Columbia accepted a $300,000 settlement on Tuesday with a real estate developer that was accused of "blockbusting," which entails real estate speculators using prejudice in order to manipulate property values.

  • September 20, 2022

    Wash. Condo Group Sues Nationwide For 'Hidden' Damages

    A Washington-based condominium association sued Nationwide for over $700,000 in coverage for repairing hidden water damages, saying the insurer unreasonably denied it coverage despite findings of long-term damage, according to the association's suit.

Expert Analysis

  • Insurance Commissioner's Agenda: Wis. Tackles Climate Risk

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    Wisconsin Commissioner of Insurance Mark Afable talks about educating consumers on potential climate-risk coverage gaps and mitigation efforts, and encouraging insurers to recognize the latter in underwriting, in the face of increasingly frequent and severe weather disasters.

  • How A New Law Changes Commercial Receiverships In Conn.

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    The Uniform Commercial Real Estate Receivership Act, which takes effect in Connecticut next year, will vastly improve the predictability and administration of commercial real estate rent receiverships as a means of protecting a mortgagee's collateral pending a foreclosure, and provides new strategic considerations for creditors, say attorneys at Shipman & Goodwin.

  • NY 'Intentional Violation' Ruling May Delay Foreclosure Cases

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    A recent New York state appellate decision in VFS Lending JV II v. Krasinski may open up lenders to costly and time-consuming discovery in mortgage foreclosure cases where borrowers allege intentional violations of the state’s Banking Law, potentially forcing lenders to reach early resolution with debtors, says Christopher Gorman at Abrams Fensterman.

  • 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.