Expert Analysis

• How Courts Are Clashing Over FinCEN Real Estate Rule

  

  A Texas federal court's recent decision in Flowers v. Bessent has vacated the Financial Crimes Enforcement Network's anti-money laundering rule for residential real estate transfers, but significant uncertainty remains due to the ruling's direct conflict with other recent federal court decisions, say attorneys at Katten.

• What DOL Proposal Signals For 401(k)s, Alternative Assets

  

  The U.S. Department of Labor recently published a highly anticipated proposed rule that could establish more defined pathways for 401(k) plan fiduciaries to consider investment options with greater alternative asset exposure, and help fund sponsors and investment managers develop such options, say attorneys at Cleary.

• Legal And Regulatory Keys To Sustainable Building Projects

  

  While the federal government continues to roll back environmental regulations, market momentum toward high-performance, energy-efficient commercial real estate as a defining driver of long-term value remains robust — so developers should understand how applicable standards and regulatory frameworks will affect projects, say attorneys at CGS3.

• Anticipating The Justices' Potential Ruling On Tax Takings

  

  Recent oral arguments in the U.S. Supreme Court case Pung v. Isabella focused on rules for valuation, timing and administrability of tax auction proceeds and whichever method the court adopts for determining just compensation, it will have far-reaching impacts on tax collection, homeowners' equity and the secondary market for tax-foreclosed property, say attorneys at Holland & Knight.

• Mortgage EO Casts Wide Net In Push To Ease Lending Rules

  

  A recent executive order targeting mortgage credit access states an intent to promote competition among all types of lenders and is notable for its breadth, resetting regulatory expectations in a number of areas including origination, digitization and licensing, says Kara Ward at Baker Donelson.

• Senior Housing Demands A Distinct Dealmaking Playbook

  

  An aging population and evolving state regulations underscore a critical reality that senior housing assets can undergo operational or compliance shifts during dealmaking, highlighting the need for unique contractual safeguards like expanded disclosures, anchored notice obligations, and targeted closing conditions and remedies, say attorneys at Goodwin.

• What New Fla. Citizens Bill Means For Surplus Lines Insurers

  

  A Florida bill recently passed by the Legislature as part of a continued effort to depopulate Citizens Property Insurance, the state's insurer of last resort, creates an additional pathway for commercial policies to be written by surplus lines insurers, but also presents concerns of unnecessary regulation, say attorneys at Troutman.

• Navigating The Perks Of Qualified Opportunity Zones 2.0

  

  The second iteration of the qualified opportunity zone program, effective Jan. 1, 2027, will introduce new tax incentives for rural real estate development, but these benefits can only be realized if proper governance is a priority, including clear documentation and securities law compliance, says Coni Rathbone at VF Law.

• When 'Qualified Transferees' Can Chill UCC Foreclosures

  

  A recent New York state court decision in a closely watched real estate dispute in WWP Mezz LLC v. WWP Mezz Investment Co. is a reminder to lenders, and a warning to borrowers, of the Uniform Commercial Code foreclosure's immense power as a lender remedy, says Joshua Wurtzel at Schlam Stone.

• AI Is Changing The Game For Lenders' Vendor Governance

  

  Recent guidance from Freddie Mac and the Treasury Department reinforces that expectations surrounding AI oversight are beginning to shape how mortgage lenders operationalize vendor governance, which is emerging as a critical compliance challenge for the decade ahead, says Alexandra Temple at Mitchell Sandler.

• Human Diligence Crucial As AI Raises Real Estate Fraud Risks

  

  A recent title fraud warning from Florida officials demonstrates that artificial intelligence has lowered the barrier to committing complex property scams, forcing real estate industry stakeholders and attorneys to prioritize contextual review in transactions, says Neil Cohen at Barsh and Cohen.

• Strategies For Retailers, Landlords In M&A Portfolio Reduction

  

  With more retailers likely to merge or be acquired in 2026, both landlords and companies looking to renegotiate their real estate footprints can strike successful deals through advance planning, understanding rights allocations and maintaining realistic leverage assessment, say attorneys at Jenner & Block.

• Where Ceding Control In Joint Ventures Ups Developer Risks

  

  With new data predicting liquidity will continue drying up in 2026, developers seeking relief via joint venture restructurings should understand how relinquishing an asset's control to a capital partner could have stark consequences, and where negotiations over governance and control triggers present the greatest legal and structural risks, say attorneys at Jenner & Block.