Residential

  • May 08, 2024

    NAR Magazine Subscribers Drop Data-Selling Claims

    A proposed class has mediated and permanently dismissed claims in Michigan federal court accusing the National Association of Realtors of illegally selling, exchanging and renting the personal data of subscribers to the NAR's Realtor magazine.

  • May 08, 2024

    Homebuyers Can't Stop NAR's $418M Settlement Hearing

    An Illinois federal judge said Wednesday she won't derail a final settlement hearing for the National Association of Realtors' $418 million deal with home sellers, despite a class of homebuyers' claims that the deal interferes with their separate case, saying they will have a chance to voice concerns at the hearing.  

  • May 08, 2024

    Nixon Peabody Closes Green Retrofit Deal For Mass. Housing

    Nixon Peabody LLP has wrapped up a deal that will allow older adults in Quincy, Massachusetts, to use U.S. Department of Housing and Development funds and a federally insured loan to build a new HVAC system that's energy efficient and to make their housing more accessible, the firm announced Wednesday.

  • May 08, 2024

    Colo. Lawmakers OK Historic Structure Tax Credit Extension

    Colorado's tax credit for rehabilitation of historic structures would be extended and apply to structures as young as 30 years old under legislation approved by the Senate and headed to the governor.

  • May 07, 2024

    LA Sued For Landmarking House Marilyn Monroe Died In

    Owners of a Los Angeles home where Marilyn Monroe died sued the city in California state court saying it orchestrating an illegal, rigged process to designate it as a historical landmark, arguing Monday nothing in the home shows the actress spent a single day in it.

  • May 07, 2024

    Real Estate Co. Says Privilege, Immunity Don't Protect Trustee

    A real estate company says a Chapter 7 trustee overseeing a Connecticut woman's personal bankruptcy cannot invoke the doctrine of qualified immunity or assert a litigation privilege to avoid being countersued for trying to stop a home sale the trustee considered fraudulent.

  • May 07, 2024

    Property Co. Gets $365M In Loans Modified For Biz Growth

    Property owner and manager The GSH Group wrapped up the modification of $365 million in multifamily senior loans for its properties with lender Arbor Realty, it announced Tuesday.

  • May 07, 2024

    Real Estate Co. Settles Homeowner's Telemarketing Suit

    A potential class settled its Telephone Consumer Protection Act suit against a New York real estate company that buys and sells homes, according to a New York federal judge's order.

  • May 07, 2024

    New Missouri Law Forces Landfills Further From Cities

    A new Missouri law will increase the radius for approvals needed from nearby municipalities for several types of landfills to one mile from half a mile, in what the governor called a "win for property rights."

  • May 07, 2024

    HUD Unveils $5.5B In Housing Grants, New Voucher Reforms

    The U.S. Department of Housing and Urban Development announced Tuesday that it will send over 2,400 housing grants worth $5.5 billion to 1,200 American communities, with the agency also detailing reforms to its housing voucher programs.

  • May 07, 2024

    Contract's 1-Year Limit Doesn't Block NC Mold Claims

    A North Carolina appeals court on Tuesday reinstated a couple's suit against a contractor they say failed to remediate water and mold damage in their house, saying the trial court was wrong to find that the contract's one-year limitation on claims applied to the state's Unfair and Deceptive Trade Practices Act.

  • May 07, 2024

    Ore. Tax Court Drops Values Of Residential Parcels

    The Oregon Tax Court ruled that the real market values of two parcels teed up for a residential subdivision should be lowered after agreeing with the owner's comparable sales study and development cost analysis.

  • May 07, 2024

    Colo. House OKs Conservation Easement Tax Break Extension

    Colorado would extend its conservation easement tax credit through 2031 and raise its statewide annual cap on available credits under legislation approved Tuesday by the state House of Representatives.

  • May 07, 2024

    NY State, Cities Urge Tossing Challenge To Rent Law Tweak

    Two upstate municipalities separately urged a New York federal court to dismiss a suit challenging a December amendment to the rent stabilization laws, arguing the particulars of their recent attempts to adopt rent stabilization undermine the landlords' claims. 

  • May 07, 2024

    Colo. Senate Approves Property Tax Cuts

    Colorado would extend temporary property tax rate reductions into 2024 and set lower rates for future years under bipartisan legislation passed Tuesday by the state Senate that is forecast to save property owners nearly $1 billion in its first year if enacted.

  • May 07, 2024

    DLA Piper Pads Real Estate Group With New Chicago Partner

    DLA Piper has added a partner to the firm's real estate practice group who will join from Katten Muchin Rosenman LLP, saying the new hire's expertise spans asset classes and deal types.

  • May 06, 2024

    Housing Nonprofits Sue Over Fla. Land-Buying Law

    Florida's S.B. 246 violates the Fair Housing Act and the state's constitution by restricting the land purchases of Chinese citizens and others, according to a suit filed Monday by multiple fair housing nonprofits, a group representing real estate professionals and a Florida real estate brokerage.

  • May 06, 2024

    NJ Subdivision Assessment Spike Should Remain, Court Says

    The property value of a city block bought and developed in New Jersey increased correctly based on the subdivision, the state Tax Court ruled, rejecting the property owner's argument that the assessment was wrong because the city forgot to set the new property lines.

  • May 06, 2024

    Redfin To Pay $9.2M To Exit Broker Fee Class Action

    Redfin disclosed to regulators on Monday that it will pay $9.25 million to end claims that it caused home sellers to pay inflated commissions under rules set by the National Association of Realtors, allowing the company to exit a class action that ensnared several brokerage firms.

  • May 06, 2024

    Data Privacy Co. Wants Personal Info Suits In NJ State Court

    Most of the recently moved lawsuits alleging violations of a New Jersey judicial privacy law should be moved back to state court since the plaintiffs and defendants reside in the Garden State, the data privacy company behind the first-of-their-kind cases has told a New Jersey federal judge.

  • May 03, 2024

    Freddie Mac, Insurer Settle $32M SEC Probe Coverage Dispute

    Government-backed lender Freddie Mac told a Washington, D.C., federal court Friday that it has settled with an insurer in a $32 million coverage suit stemming from civil actions and federal probes around its collapse during the 2008 global financial crisis.

  • May 03, 2024

    Opendoor Says NAR Settlement Should Aid Growth Efforts

    Leadership for Opendoor Technologies Inc. said they expect the online home-selling platform will benefit from the recent proposed legal settlement involving the National Association of Realtors as they expressed confidence in plans to "rescale" their business this year, while discussing the release of its first-quarter earnings.

  • May 03, 2024

    Realtors Set Aug. Launch Of Broker Fee Changes After Verdict

    The National Association of Realtors on Friday said it has adopted a series of policy changes that go into effect Aug. 17 under a settlement to avoid a jury verdict finding the trade group's rules compelled home sellers to pay inflated commissions.

  • May 03, 2024

    Judge Says Lender Can't Escape CFPB's Loan Data Suit

    A Florida federal judge has refused to dismiss the Consumer Financial Protection Bureau's suit accusing mortgage servicer and lender Freedom Mortgage Corp. of violating federal law by submitting inaccurate government mortgage loan data.

  • May 03, 2024

    Brothers Accuse Cos. Of Mishandling $1.1M EB-5 Investments

    Two brothers from India sued companies behind a combination residential-resort project they invested in under the EB-5 investor visa program, telling a Florida federal court that their green card petitions were denied because the companies mishandled their $1.1 million investment.

Expert Analysis

  • White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'

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    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.

  • How 2 CFPB Advisory Opinions Affect Reporting Agencies

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    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.

  • Algorithmic Pricing Programs Caught In Antitrust Crosshairs

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    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.

  • A Welcome Turning Of The Page For Residential Real Estate

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    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.

  • Strict Duty To Indemnify Ruling Bucks Recent Trend

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    A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.

  • Ill. Insurance Ruling Helps Developers, Community Orgs. Alike

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    The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.

  • NJ Foreclosure Law Will Have Multifaceted Impact On Lenders

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    New Jersey's A.B. 5664 introduces significant reforms to foreclosure proceedings in the state, potentially lessening the burden on lenders and servicers to maintain foreclosed properties, but also brings new limitations and time frames, say Christina Livorsi and Wael Amer at Day Pitney.

  • 11 Noteworthy CFPB Developments From 2023

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    Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.

  • Insured Takeaways From 10th Circ. Interrelated Claims Ruling

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    The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.

  • Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • NY Banking Brief: All The Notable Legal Updates In Q4

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    New York's banking and financial sector saw a number of notable regulatory and legislative changes in the final quarter of 2023, including guidance on climate risks and heightened cybersecurity protocols issued by the New York State Department of Financial Services, as well as final revisions to virtual currency listings in the state, say attorneys at WilmerHale.

  • Ill. Justices Set New Standard For Analyzing Defect Claims

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    The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.

  • A Look At Consumer Reporting In 2023, And What's To Come

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    The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.