Residential
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May 30, 2025
Praying Or Parking? Religious Land Use Fights Head To Court
Local zoning and planning boards, usually unelected decision-making bodies, often operate with sweeping discretion that can provide cover for discrimination against religious communities. But backed by pro bono attorneys, religious groups are leaning on a 2000 federal law in their bid for court intervention.
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May 30, 2025
Atlanta Seeks Win In Ex-Building Officials' Age Bias Suit
A former Atlanta building official has failed to show his age was the deciding factor in not being promoted to a chief inspector role, the city told a federal court, urging it to toss the man's discrimination lawsuit.
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May 30, 2025
Cleary Helping Cushman & Wakefield On Move To Bermuda
Cushman & Wakefield's parent company is seeking to move its place of incorporation from England and Wales to Bermuda, with the assistance of counsel from Cleary Gottlieb Steen & Hamilton LLP, the real estate brokerage firm said in a regulatory filing.
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May 30, 2025
Bravo Property Trust Lands $400M From Middle East Investor
Real estate financing company Bravo Property Trust announced on Friday that a Middle Eastern sovereign wealth fund manager will invest up to $400 million in the firm to support its bridge and construction loan offerings.
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May 29, 2025
NY Landlord LLC Transparency Bill Advances
The New York State Senate passed a bill on May 28 to require landlords of rent-stabilized properties to disclose members of their limited liability companies.
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May 29, 2025
Real Estate CFO, Mogul's Daughter Dodge Two Trustee Claims
The chief financial officer of bankrupt construction services company Gateway Development Group Inc. and the daughter of the company's chair have escaped a Chapter 7 trustee's claims that they helped the chair breach his fiduciary duties, with a judge ruling the claims aren't recognized under Connecticut law.
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May 29, 2025
Colo. Builder Slams 'Unconstitutional' Affordable Housing Fees
The city of Denver is unconstitutionally forcing homebuilders to contribute to an affordable housing fund before they can obtain development permits, a local developer said in a suit filed in Colorado federal court.
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May 29, 2025
8th Circ. Says Gov'ts Can't Give Up Eminent Domain Powers
An Eighth Circuit panel vacated an injunction barring a North Dakota county from taking private property it said was needed to build a bridge over the Little Missouri River, although the parties had already settled their claims in April.
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May 29, 2025
Home Appraisers' Overtime Suit Moves From NY To Ill.
A lawsuit accusing an Arizona-based home appraisal company of failing to pay real estate staff appraisers overtime will move to Illinois, after a New York federal judge agreed with a magistrate judge's recommendations that the case needed to move to where the key witnesses are.
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May 29, 2025
11th Circ. Won't Revive Antitrust Claims Against Suns Owner
The Eleventh Circuit isn't going to touch a lower court order that tossed an antitrust case against the owner of the NBA's Phoenix Suns and his company, United Wholesale Mortgage LLC, over an alleged boycott.
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May 29, 2025
Ore. Extends Tax Breaks For Affordable Housing Development
Oregon will delay the expiration of three property tax breaks intended to help the development of affordable housing under legislation signed by Democratic Gov. Tina Kotek.
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May 29, 2025
Texas Bars Some Property Tax Hikes Above Voter-OK'd Rates
Texas will prohibit school districts from adopting property tax rates above voter-approved thresholds in response to a natural disaster if voters previously rejected a similar proposed rate increase, under a bill signed by Gov. Greg Abbott.
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May 29, 2025
Montgomery McCracken Wins $680K Fees From Ch. 11 Client
A group of property development companies that Montgomery McCracken Walker & Rhoads LLP represented through years of bankruptcy reorganization still owe the firm $680,000, a Pennsylvania federal judge ruled Wednesday.
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May 29, 2025
Developer Sells Miami Office Tower Project Site For $211.5M
Developer and property manager Swire Properties has sold a project development site for a planned Miami office tower to Melo Group for $211.5 million, a representative for commercial real estate firm CBRE told Law360.
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May 29, 2025
Home Loan Co. Accused Of Failing To Pay Overtime
A lending company required loan processors to put in about 80 hours of work during some weeks but did not pay them overtime wages for the extra time, a worker said in a proposed collective action filed in Arizona federal court.
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May 28, 2025
Multivista Aims To Take Guesswork Out Of Construction
In a recent interview with Law360 Real Estate Authority, the owner of a franchise of proptech company Multivista explained how cataloged insights into the building process can help prevent mistakes or down the road serve as valuable evidence in the event of a dispute or warranty claim.
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May 28, 2025
FBI Misled Court In Russia Sanctions Probe, Judge Rules
Federal prosecutors cannot use certain evidence to prove charges that a Russian bank executive dodged sanctions because an FBI agent "recklessly omitted material facts" from the related warrant application, a New York federal judge ruled.
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May 28, 2025
Stay Won't Be Lifted On Claims Over $93M Real Estate Fraud
Victims of a $93 million Miami real estate development scheme won't be able to pursue their claims — at least for now — against the company's former CEO after a Florida federal judge on Wednesday denied their request to lift a stay on litigation during a U.S. Securities and Exchange Commission receivership.
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May 28, 2025
NJ County To Put $240B In Land Records On Blockchain
Land record management company Balcony on Wednesday said it has struck a deal to store some 370,000 property deeds in Bergen County, New Jersey, on its blockchain platform, in the biggest-ever U.S. effort of its kind.
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May 28, 2025
CFPB Energy Loan Rule An 'Unlawful Power Grab,' Suit Says
Lenders that finance clean energy home improvement projects on Wednesday challenged a Biden-era rule that applies standard mortgage protections to loans where homeowners pay for such projects through property tax bills, saying the rule is unlawful and threatens to kill their business.
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May 28, 2025
Insurer Questions Coverage Of Ohio Tenant Harassment Case
An Ohio insurer filed a federal lawsuit arguing on Wednesday that it is not obligated to defend or indemnify Athens County, Ohio, landlords accused in a U.S. Department of Justice lawsuit of allowing sex discrimination and harassment against female tenants at at least one rental property for years.
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May 28, 2025
NY Judge Orders $72M Payment Over Multifamily Foreclosures
A New York federal judge ruled that several borrowers must pay more than $72.4 million to Fannie Mae, which accused the borrowers of defaulting on multifamily loans associated with 12 New York City apartment buildings.
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May 28, 2025
Texas Voters To Decide On Raising Homestead Tax Exemption
Texas voters will decide if the state should amend its constitution to increase the state's homestead property tax exemption from $100,000 to $140,000 under a Senate joint resolution approved by state lawmakers and filed with the Texas secretary of state.
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May 28, 2025
Fannie Mae Taps Palantir To Combat Mortgage Fraud
Leaders of Fannie Mae, a government-sponsored enterprise that backs a fifth of the rental market, and tech company Palantir announced a partnership Wednesday to combat multifamily mortgage fraud.
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May 28, 2025
Bankers' Group Says Redlining Enforcement Goes Too Far
A K&L Gates LLP partner warned that the U.S. Department of Justice's recent Fair Housing Act and Equal Credit Opportunity Act cases have dramatically expanded what lender behavior qualifies as "redlining," in a report prepared on behalf of the American Bankers Association.
Expert Analysis
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9 Consumer Finance Issues To Note From CFPB Report
A recent report from the Consumer Financial Protection Bureau highlights abusive consumer finance tactics that the agency uncovered during supervisory examinations over the last year — among the most significant issues identified: deceptive practices in automotive loan servicing, and consumer reporting and debt collection compliance failures, say attorneys at Troutman Pepper.
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Transaction Risks In Residential Mortgage M&A Due Diligence
As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.
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Ore. Warranty Ruling Complicates Insurance Classification
The Oregon Court of Appeals' recent TruNorth v. Department of Consumer and Business Services holding that a service contract — commonly referred to as an extended warranty — covering commercial property is subject to the state's consumer service contract laws raises regulatory questions for contract obligors, sellers and administrators, say attorneys at Locke Lord.
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FCRA Legislation To Watch For The Remainder Of 2023
If enacted, pending federal and state legislation may result in significant changes for the Fair Credit Reporting Act landscape and thus require regulated entities and practitioners to pivot their compliance strategies, say attorneys at Troutman Pepper.
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Regulators Must Get Creative To Keep Groundwater Flowing
Even as populations have boomed in Sun Belt states like Arizona, California and Texas, groundwater levels have diminished due to drought and overuse — so regulators must explore options including pumping limits, groundwater replenishment and wastewater reuse to ensure future supplies for residential and commercial needs, says Jeffrey Davis at Integral Consulting.
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What Upholding Of Short-Term Rental Law Means For NYC
A New York state judge's dismissal of Airbnb's challenge against the Short-Term Rental Registration Law will benefit the city's hospitality industry and exert downward pressure on apartment rents, and potentially provide a model for other local governments around the U.S. to curb short-term apartment rentals, says Alexander Lycoyannis at Holland & Knight.
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Key Provisions In Florida's New Insurer Accountability Act
Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.
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Fair Lending Activity: Calm On The Surface, Churning Below
The Consumer Financial Protection Bureau's recently released annual fair lending report to Congress confirms that despite the paucity of public fair lending enforcement actions in 2022, the CFPB and prudential banking agencies are engaged in significant nonpublic oversight, examination and enforcement activities, say attorneys at Cooley.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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Negotiating Material Escalation In Construction Contracts
As material price escalation clauses have remained popular in construction contracts despite an easing of recent supply chain issues, attorneys representing owners should understand key considerations for negotiating such clauses, and strategies to mitigate potential exploitation by contractors, says H. Arthur Black II at Brooks Pierce.
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Key Drivers Behind Widespread Adoption Of NAV Financing
While net asset value-based lending has existed for years, NAV lending has only started to move into the mainstream recently — likely due to difficult market conditions faced by sponsors including persistent inflation, high interest rates and a lack of exit opportunities, say Matthew Kerfoot and Jinyoung Joo at Proskauer.
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Beware Unique Compliance Risks In Home Equity Lending
As borrowers increasingly look to junior-lien mortgages and home equity lines of credit instead of first-lien mortgages, regulators will pay increased attention in turn and lenders will have to watch for a number of legal and regulatory pitfalls as they rush to meet this newfound demand, say attorneys at Orrick.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.