Residential
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June 12, 2025
NJ Judge Clarifies Provisions Of New Affordable Housing Law
A New Jersey state judge has denied a bid from a coalition of 29 Garden State municipalities to block a number of provisions of a new affordable housing directive, but he provided clarity on some parts of the directive, and the coalition is calling the clarification a win.
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June 12, 2025
Legal Noncitizens OK For Domicile Tax Break, SC Judge Says
A legally present couple from India showed intent to remain domiciled in their South Carolina home and therefore qualify for the property tax treatment granted for owner-occupied residences, an administrative judge ruled.
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June 12, 2025
Settlement Talks Take Shape In Fla. Condo Repair Suit
A Miami Beach condo association and two owners of the resort that houses the condominium units told a Florida state court that they are attempting to settle claims that the owners' neglect put the entire building at risk of collapsing.
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June 12, 2025
Deal Ends Freedom Mortgage's Appeal Of $23M Verdict
Freedom Mortgage and a Virginia mortgage subservicer have reached a deal to resolve the mortgage company's appeal of a $23 million verdict over a subservicing agreement gone wrong, according to a Thursday filing in the Third Circuit.
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June 12, 2025
3 Firms Help Sixth Street Partner With Housing Developer
Sixth Street Investment, advised by Latham & Watkins LLP and Nixon Peabody LLP, has teamed up with L+M, led by Fried Frank Harris Shriver & Jacobson LLP, to support the real estate firm's housing development and investment efforts across the U.S.
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June 12, 2025
4 Firms Build Mortgage REIT's Deal For Residential Loan Biz
A New York City-based real estate investment trust on Thursday announced that it acquired a mortgage loan originator from a structured credit firm for $120 million and more than 2 million shares of the REIT's common stock, in a deal guided by Alston & Bird LLP, Hunton Andrews Kurth LLP, Sheppard Mullin Richter & Hampton LLP and Mayer Brown LLP.
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June 12, 2025
Cleary, Sullivan & Cromwell Guide $675M NYC Apartment Refi
Cleary Gottlieb Steen & Hamilton LLP advised lenders on a $675 million refinancing obtained by joint venture of Vornado and Stellar Management on one of the largest residential complexes in Lower Manhattan.
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June 12, 2025
Redfin Investor Seeks $450K In Fees In Merger Disclosure Suit
A Redfin investor asked a Washington federal judge to award $450,000 in legal fees to Monteverde & Associates PC and Wohl & Fruchter LLP, claiming his lawsuit was beneficial to shareholders despite the court's decision to deny his preliminary injunction request to postpone an investor vote.
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June 12, 2025
Maine Gives 2 Years To Fight Tax Debt Biz Property Takings
Maine won't allow challenges to governmental takings of commercial real estate for nonpayment of property taxes after a statutory two-year period ends, under a bill signed by the governor.
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June 11, 2025
Judge Sides With Feds In Suit Over NJ Wind Farm Approvals
A New Jersey federal judge on Wednesday rejected a revised attempt by an advocacy group to block a set of federal approvals allowing incidental harm to marine life during work on offshore wind projects, finding the group's president failed to show how he was harmed by the approvals.
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June 11, 2025
CFPB's Fee Brief May Be Gone But Not Forgotten, Judge Says
A Seattle federal judge has allowed the Consumer Financial Protection Bureau to pull back its Biden-era amicus support for a consumer fee class action against Nationstar Mortgage, but she said she may still take the agency's prior legal arguments into account.
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June 11, 2025
An Obscure Law's Rise To Prominence In Calif. Housing Crisis
The so-called builder's remedy has emerged as a potentially potent tool for California developers and advocacy groups and an emblem of the state's seriousness as it looks to overcome pockets of local resistance to adding much-needed housing inventory. But it took years of hard-fought litigation and support from multiple parts of state government to reach this point.
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June 11, 2025
2 Firms Secure $70M Loan For Fla. Multifamily Community
Two companies announced Wednesday that they obtained a $70 million mortgage loan for their Florida-based, Class A, luxury multifamily community, in a deal guided by Kapp Morrison LLP and Holland & Knight LLP.
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June 11, 2025
JPMorgan Says It Was 'Victim' In $481M CMBS Loan Deal
JPMorgan Chase Bank has urged a New York federal court to toss a claim in a lawsuit Wells Fargo brought against it over a defaulted $481 million commercial real estate loan that JPMorgan originated and securitized, arguing it was actually "the victim" of a criminal scheme in which its borrowers "inflated" financial figures for a portfolio of 43 multifamily properties.
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June 11, 2025
Legal Hurdles To Watch For On Real Estate Secondary Deals
Advising real estate investors and fund managers on secondary transactions can be relatively painless if you know what to do. Here are some of the most important legal issues attorneys say they must work out when helping clients in this space.
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June 11, 2025
Winstead Advises $475M Loan For South Florida Condo Tower
Winstead PC advised Arkansas-based lender Bank OZK in providing $475 million in construction financing for a luxury condominium development in West Palm Beach, Florida, led by real estate developer Stephen Ross.
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June 11, 2025
Canyon Partners Inks $80M Refi For 2 LA Resi Properties
Canyon Partners Real Estate LLC announced Wednesday that it provided a pair of senior bridge loans totaling $79.3 million, refinancing two multifamily properties in Los Angeles submarkets.
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June 11, 2025
DOJ Seeks Green Light For Landlord Deal In RealPage Suit
The federal government has asked a North Carolina federal judge to sign off on a consent decree reached with landlord Cortland Management LLC in antitrust litigation targeting RealPage Inc. and the landlords it alleges used the company's software to collude on rental prices.
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June 11, 2025
Trade Groups Revive Suit Over Colo., Denver Efficiency Rules
A collection of trade groups renewed their arguments in Colorado federal court against rules set by the state and city of Denver establishing energy efficiency standards for buildings and limiting the use of natural gas appliances after the policies underwent a recent revision.
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June 11, 2025
NYC Skyscraper Developers Land $525M Loan
Two developers and an investment firm announced Wednesday they obtained a $525 million construction loan for their 55-story, 636-unit high-rise skyscraper project in Queens.
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June 11, 2025
Latham, Skadden-Led Insurer Joins IPO Wave With $113M IPO
Small business-focused excess and surplus insurer Ategrity Specialty Holdings LLC began trading Wednesday after pricing a $113 million initial public offering above its marketed range, represented by Latham & Watkins LLP and underwriters Skadden Arps Slate Meagher & Flom LLP, as more insurance firms tap public markets.
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June 11, 2025
Transactions Duo Joins Morgan Lewis In New York, Philly
Morgan Lewis & Bockius LLP has expanded its transactions team in the firm's New York and Philadelphia offices with the recent additions of two attorneys who moved their practices from Dechert LLP.
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June 10, 2025
9th Circ. Revives Real Estate Investor Securities Suit, Again
The Ninth Circuit on Tuesday once again revived a proposed securities class action accusing investment guru Grant Cardone of making misleading social media statements to sell interests in his companies' real estate investment funds, holding, among other findings, that the complaint sufficiently alleged Cardone "subjectively disbelieved" certain stated projections.
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June 10, 2025
Senate Dems Seek To Slow GOP Roll On CFPB Defunding Bill
Senate Banking Committee Democrats are demanding a hearing on GOP budget legislation that would defund the Consumer Financial Protection Bureau and make other financial agency cuts, arguing that its "sweeping" plans should be scrutinized before going to the floor.
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June 10, 2025
NY Judge Trims Suit Over NYC Ban On Broker Fees
A New York federal judge on Tuesday trimmed most of a suit filed by real estate trade groups, brokers and landlords challenging a New York City law that bans broker fees in specific instances, ruling that the law doesn't violate the plaintiffs' commercial speech rights.
Expert Analysis
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Texas Insurance Ruling Could Restore Finality To Appraisal
The Texas Supreme Court's decision in Rodriguez v. Safeco, determining that full payment of an appraisal award precludes recovery of attorney fees, indicates a potential return to an era in which timely payment undoubtedly disposes of all possible policyholder claims, says Karl Schulz at Cozen O'Connor.
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Contractors Need Protection From NJ Homeowner Protections
A recently passed New Jersey law, combined with the state's Consumer Fraud Act, is intended to protect innocent homeowners, but legislative action must be taken to prevent homeowners from abusing the law to avoid paying hardworking contractors, say Gary Strong and Madison Calkins at Gfeller Laurie.
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NY Shouldn't Pair 421-a Restoration And Good Cause Eviction
The good cause eviction system of rent control should not be imposed in New York, nor should its legislation be tied to renewal of the 421-a tax abatement program, which New York City desperately needs, says Alexander Lycoyannis at Holland & Knight.
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Setting The Stage For High Court BofA Escrow Interest Case
Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.
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DC's Housing Tax Break Proposal: What's In It, What's Missing
Proposed Washington, D.C., rules implementing the Housing in Downtown Tax Abatement program — for commercial property owners who convert properties into residential housing — thoroughly explain the process for submitting an application, but do not provide sufficient detail regarding the actual dollar value of the abatements, says Daniel Miktus at Akerman.
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Assessing The Future Of Colorado's Economic Loss Rule
The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.
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How Recent Laws Affect Foreign Purchase Of US Real Estate
Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.
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What Shareholder Approval Rule Changes Mean For Cos.
The U.S. Securities and Exchange Commission recently approved proposed rule changes to shareholder requirements by the New York Stock Exchange, an approval that will benefit listed companies in many ways, including by making it easier to raise capital from passive investors, say attorneys at Baker Botts.
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High Court Case Could Reshape Local Development Fees
If last month's oral arguments are any indication of how the U.S. Supreme Court will rule in Sheetz v. County of El Dorado, it's unlikely the justices will hold that the essential nexus and rough proportionality tests under the cases of Nollan, Dolan and Koontz apply to legislative exactions, but a sweeping decision would still be the natural progression in the line of cases giving property owners takings claims, says Phillip Babich at Reed Smith.
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White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'
Because prosecutors are not required to disclose exculpatory evidence during plea negotiations, white collar defendants often enter into plea deals that don’t meet the U.S. Supreme Court’s “knowing” and “voluntary” standard for trials — but individual courts and solutions judges could rectify the issue, says Sara Kropf at Kropf Moseley.
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How 2 CFPB Advisory Opinions Affect Reporting Agencies
The Consumer Financial Protection Bureau issued two advisory opinions last month that demonstrate a continued commitment to address inaccuracies in background check reports and consumer file disclosures through broad interpretation of the Fair Credit Reporting Act, expanding on a coordinated federal agency effort, say attorneys at Cooley.
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Algorithmic Pricing Programs Caught In Antitrust Crosshairs
The Justice Department's investigation into software company RealPage follows a host of federal antitrust cases alleging that property owners and casino hotel operators use the same proprietary software programs to fix and maintain pricing, which means algorithmic pricing programs are considered a key price-fixing tool in the digital age, say attorneys at Ballard Spahr.
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A Welcome Turning Of The Page For Residential Real Estate
After one of the most challenging years on record for residential real estate, 2024 will likely be a time of transition to a stabler business climate, as sellers lose some of their excess bargaining power and the pace of sales picks up, says Marty Green at Polunsky Beitel.