Residential
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May 08, 2025
Couple Slams 'Ping-Pong' Brief In Conn. Waterfront Feud
A married Bridgeport, Connecticut, couple are urging a state court to strike a post-trial reply brief that was filed by companies that the couple are suing over local waterfront access, arguing that counsel for both sides previously agreed to only make one set of post-trial filings simultaneously.
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May 08, 2025
Calif. Apartment Owner Files Ch. 11 With $46M Debt
The owner of a 53-unit Corona, California, apartment complex has filed for Chapter 11 protection in California bankruptcy court ahead of a foreclosure proceeding with nearly $46 million in debt.
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May 08, 2025
3rd Circ. Signs Off On Philly Apartment Foreclosure Sale
A Third Circuit panel on Thursday affirmed a district court's refusal to stop U.S. Bank from selling a Pennsylvania apartment building following a borrower's default, ruling that, although the lender's route to a judgment in its favor was "unintuitive," it correctly followed the governing state laws.
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May 08, 2025
Coverage Uncertain For LA Fire Soil Remediation, Pros Say
Dangerous toxins are being detected in the soil around homes affected by the Los Angeles fires, but experts say that insurance coverage for soil remediation would likely be limited, even if certain policies or provisions could offer some compensation.
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May 08, 2025
11th Circ. Judge Frowns On New Arguments In Easement Case
An Eleventh Circuit judge disapproved of a Georgia partnership raising new arguments on appeal as it pursues a tax deduction for a conservation easement donation, saying Thursday that perhaps "we wouldn't be here" if the partnership had argued the points before the lower court.
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May 08, 2025
Miami Atty Disbarred Over Insistence Of Foreclosure Fraud
The Florida Supreme Court disbarred a Miami attorney after accusations that he misled courts, impugned judges and brought frivolous pleadings over his insistence that clients' homes were fraudulently foreclosed, despite previous suspensions from allegations of similar conduct in the past.
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May 08, 2025
Ga. Mortgage Co. Can Arbitrate Loan Processor's OT Claims
A loan processor manager's suit claiming a mortgage lender unlawfully considered her overtime-exempt will go to arbitration, a Georgia federal judge ruled, saying the company didn't waive its right to arbitrate and that the arbitration clause keeps her suit out of court.
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May 08, 2025
Tenn. Hotel Operators To Stop Collecting Tax After 30 Days
Tennessee will require hotel operators to stop collecting occupancy taxes from people who stay for more than 30 days under a bill signed by the governor.
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May 07, 2025
HUD Blocked From Withholding Grants Over DEI Policies
A Washington federal judge on Wednesday temporarily blocked the Trump administration from forcing New York City, Boston, San Francisco and Seattle's county to adhere to policies against diversity, equity and inclusion or risk losing federal funds for homeless services, saying the strings attached are likely unconstitutional.
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May 07, 2025
Fla. Lawmakers Tackle Real Estate Issues, But Is It Enough?
Real estate matters were once again top of mind during the Florida Legislature's 2025 session, but in a year marked by political tensions, it remains to be seen how successfully lawmakers resolved some major questions.
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May 07, 2025
'Preposterous' SEC Rule For Real Estate Could Be Dropped
A proposed rule to make the U.S. Securities and Exchange Commission's custodial requirements for investment advisers apply to all assets, including real estate, could die under current Republican leadership. Some attorneys say the proposal lacked sense to begin with.
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May 07, 2025
Venable Adds Construction Pro As Partner In Chicago
Venable LLP hired veteran construction attorney Charles "Cully" H. Wahtola III as a partner for the firm's construction law group in its Chicago office, the firm announced.
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May 07, 2025
NYC Developer Conned Investors Out Of $10M, Feds Say
A real estate developer involved in several projects in New York City was charged by federal prosecutors with misappropriating about $10 million in investor funds and using the money to finance a lavish lifestyle and cover gambling losses.
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May 07, 2025
Wells Fargo Forced Short Sales Despite CARES Act, Suit Says
Wells Fargo forced the short sale of a North Carolina woman's home by denying her forbearance on her mortgage as mandated under federal law at the onset of the COVID-19 pandemic, she alleged in a proposed class action filed in California federal court.
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May 07, 2025
3 Firms Guide $135M Loan Deal For Brooklyn Condo Project
Charney Cos. announced Tuesday that it secured a $135 million construction loan for the development of a 45-story, 182-unit Brooklyn condominium building.
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May 07, 2025
Big Brokers Say Tariff Effects Mostly Missed CRE In Q1
Commercial real estate executives largely shrugged off the effects of trade disputes this spring in reporting first-quarter results, even as they acknowledged more murkiness ahead for the rest of 2025.
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May 07, 2025
MoFo Real Estate Leader Eyes Surge In New Debt Funds
As some banks have pulled back or hit the pause button on commercial real estate lending, nonbank debt funds have been jumping in with full force to fill that lacuna, one of MoFo's real estate leaders told Law360 in a recent interview.
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May 07, 2025
Developer Fights NJ Power Broker's Bid To Nix Civil RICO Suit
A Camden, New Jersey, real estate developer is fighting to keep alive his civil racketeering suit against South Jersey power broker George Norcross, arguing in New Jersey state court the recent dismissal of a related indictment against Norcross "changes nothing" in the civil litigation.
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May 07, 2025
NJ Justices Deem Town Liable For Frivolous Lawsuits
Frivolous litigation by local government officials is not constitutionally protected and carries financial consequences, the New Jersey Supreme Court ruled Wednesday in a 5-0 decision reining in baseless legal battles.
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May 07, 2025
Contractor Skanska Promotes Two Civil Division GCs
Construction and development firm Skanska has said it promoted two employees to vice president and assistant general counsel, with both advising separate civil engineering divisions.
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May 07, 2025
DLA Piper Adds Morgan Lewis Commercial Real Estate Pro
DLA Piper hired a partner for the firm's real estate practice group, a commercial real estate attorney who joins the firm from Morgan Lewis & Bockius LLP.
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May 07, 2025
Conn. Town, State End Feud Over Affordable Housing Credits
The Connecticut town of New Canaan has agreed to drop its suit against the state's Department of Housing, which was accused in state court of wrongfully rejecting the town's bid for affordable housing credits and a development moratorium.
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May 07, 2025
Vornado Signals Residential Foray Into NYC's Penn District
Vornado Realty Trust executives hinted on a first-quarter earnings call at an embrace of residential development in Manhattan's Penn District, where the real estate investment trust owns a 10 million-square-foot portfolio.
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May 06, 2025
HUD Says Suit To Block Fund Cuts Belongs In Claims Court
The U.S. Department of Housing and Urban Development urged a Washington federal judge on Tuesday to reject emergency relief sought by San Francisco, Boston, New York and King County, Washington, to block the Trump administration from slashing millions of dollars of homelessness assistance grants, saying federal court lacks jurisdiction.
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May 06, 2025
PennyMac Wins Quick 9th Circ. Appeal Of Libor-Rate Ruling
A California federal judge on Monday allowed PennyMac entities to pursue their quick appeal in a proposed class action alleging they illegally imposed a lower fixed interest rate instead of a variable rate on preferred-stock dividends, asking the Ninth Circuit to clarify whether the Libor Act bars such fixed rates.
Expert Analysis
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Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up
Publications released by Consumer Financial Protection Bureau personnel in the last days of the Biden administration outline former Director Rohit Chopra's long-term vision for aggressive state-level enforcement of federal consumer financial laws, opening the doors for states to launch investigations and pursue actions, say attorneys at Hudson Cook.
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Corp. Transparency Act's Future Under Treasury's Bessent
The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.
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Nippon Order Tests Gov't Control Over Foreign Investments
The U.S. government is primarily interested in restraining foreign transactions involving countries of concern, but former President Joe Biden’s January order blocking the merger of Nippon Steel and U.S. Steel shows that all foreign direct investments are under the federal government’s microscope, say attorneys at Blank Rome.
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A Look At A Possible Corporate Transparency Act Exemption
Attorneys at Kirkland offer a deep dive into the application of the Corporate Transparency Act's reporting requirements specifically to U.S.-domiciled co-issuers in typical collateralized loan obligation transactions, and consider whether such issuers may be able to assert an exemption from the CTA's reporting requirements.
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Emphasize Social Spaces During RE Project Public Review
As Boston continues to work through revisions to its public review process for real estate projects, developers attempting to balance impact mitigation and community improvements may benefit from emphasizing the ways in which development plans can facilitate open social exchange, says David Linhart at Goulston & Storrs.
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Complying With Calif. Price-Gouging Law After LA Fires
The recent tragic Los Angeles fires have brought attention to the state's sometimes controversial price-gouging protections, and every California business should keep the law's requirements in mind, despite the debate over whether these statutes help consumers, say attorneys at Cooley.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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Reg Waiver Eases Calif. Rebuilding, But Proceed With Care
California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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How Congress Can Stem Consumer Finance Law Uncertainty
In the face of rising uncertainty about consumer finance laws that are based largely on fluctuating administrative rules, Congress should cement certain existing laws into statute and clarify federal agencies' delegations of authority, say attorneys at Bradley Arant.
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
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Insurance Considerations For LA Wildfire Recovery
Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.