Residential

  • March 27, 2024

    Legal Patchwork On Foreign Land Ownership Stirs Confusion

    In the last year and a half, 39 states have taken action to restrict foreign entities and people from owning various forms of real estate. Some lawyers say the patchwork of new legislation has created a quagmire of confusion, chaos and uncertainty for investors, particularly private equity funds with large pools of backers.

  • March 27, 2024

    Developers Get Creative With Adaptive Reuse In South Florida

    South Florida residents may not be expecting to attend a doctor's appointment in a shuttered movie theater, play pickleball in a former warehouse or move into an apartment building in a shopping center's parking lot, but creative redevelopment projects like these are catching on in the region.

  • March 27, 2024

    Extreme Heat Presents Extreme Threat To Real Estate

    Extreme heat and the growing body of risks created by climate change are becoming prominent factors in real estate deals, according to Urban Land Institute urban resilience vice president Lindsay Brugger.

  • March 26, 2024

    Meridian Capital Taps Former Top Regulator As New CEO

    Meridian Capital Group announced Tuesday that it has appointed top banking executive and former financial regulator Brian Brooks as its CEO and chairman amid a breakdown in the firm's relationship with Freddie Mac.

  • March 26, 2024

    Pilot HOA Tells Justices Rail Easement Clouds Airstrip Access

    An Alaska homeowners association made up largely of pilots has asked the U.S. Supreme Court to review a Ninth Circuit ruling granting a railroad full control of an easement jutting into an airstrip used by residents of a surrounding subdivision.

  • March 26, 2024

    Essex Buys Out West Coast Apartment JV Partner For $505M

    Essex Property Trust Inc. announced that it will purchase a joint venture partner's stake in an apartment property portfolio that includes four properties along the West Coast for $505 million, according to a statement from the company.

  • March 26, 2024

    Rosenberg & Estis Guides $477M NYCHA Renovation Deal

    Rosenberg & Estis PC represented a developer for its more than $477 million renovation contract for the New York City Housing Authority's Saint Nicholas Houses in Harlem, the firm told Law360 on Tuesday.

  • March 26, 2024

    Ohio Justices Cool To Curbing Board's Tax Appeal Rights

    Two Ohio Supreme Court justices sounded skeptical Tuesday of an apartment complex's argument that a law barring political subdivisions from appealing certain valuation rulings applied to complaints that were pending when the restriction took effect.

  • March 26, 2024

    Brookfield Sets Terms For Bay Area's Biggest Housing Plan

    The San Francisco Bay Area's biggest proposed housing development took a step forward as Brookfield Properties and city officials struck a deal on the framework of a plan to develop a new neighborhood in Concord, California, over a 40-year period at the site of a former U.S. Navy base.

  • March 26, 2024

    Deal Holdout HomeServices Can't Undo Sellers' Class Cert.

    A Missouri federal judge refused Tuesday to grant class decertification sought by HomeServices of America, the lone holdout still fighting a jury verdict that pushed the National Association of Realtors into a settlement overhauling rules that have effectively restricted how brokers buy and sell homes and how they're paid.

  • March 26, 2024

    NC Justices Find BofA Mortgage Fraud Suit Filed Too Late

    The North Carolina Supreme Court has ruled that homeowners accusing Bank of America NA of fraud in a mortgage modification program filed their claims too late, finding they knew or should have known about the alleged fraud when their homes were foreclosed upon — four to seven years before they sued.

  • March 26, 2024

    Hurdles Ahead For Calif. Mental Health Bond After Narrow Win

    An ambitious ballot measure meant to address California's homelessness crisis may open up new business opportunities for healthcare providers, ease overcrowding in emergency rooms and inspire other states to follow suit. But it will likely bring less-welcome results as well.

  • March 25, 2024

    LoanDepot Settles Appraisal Bias Suit After Scholar's Death

    Mortgage company loanDepot has agreed to make policy changes and pay an undisclosed amount to resolve a Black couple's lawsuit claiming their Baltimore home was undervalued because of their race, just a couple of weeks after plaintiff Shani Mott, a scholar at Johns Hopkins University, died of cancer.

  • March 25, 2024

    Conn. Justice Chides Legislature In Landlord Lien Case

    Bemoaning what he perceived as an unclear statute and its unilluminating legislative history, Connecticut Supreme Court Justice Steven D. Ecker on Monday lamented having to make a significant policy decision about whether a city or a landlord should be financially liable for tenants displaced after fire damaged a large apartment.

  • March 25, 2024

    Full 10th Circ. Stands By Revival Of Valero Pipeline Leak Suit

    The full Tenth Circuit refused to budge from a panel's February decision that partly revived an Oklahoma cattle ranch's lawsuit seeking to hold Valero Energy Corp. liable for a pipeline leak that allegedly contaminated the ranch property.

  • March 25, 2024

    HUD Says Not Enough Housing For Trafficking Survivors

    The housing needs of human trafficking survivors facing homelessness or home instability aren't being met by housing programs across the country because many of them usually aren't "scaled to meet the need," according to a U.S. Department of Housing and Urban Development report.

  • March 25, 2024

    3rd Circ. Says NJ City Can't Stop Sale Of Failed Project's Sites

    The Third Circuit tossed a New Jersey city's challenge of a bankruptcy court ruling that allowed the two local properties of a failed affordable housing project to be sold to a third party, according to an unpublished opinion Monday.

  • March 25, 2024

    NJ Law Paves An Aggressive Affordable-Housing Path

    New Jersey Gov. Phil Murphy signed a bill that will overhaul the state's affordable housing framework, signaling state priorities with an aggressive approach that has already garnered pushback from municipalities.

  • March 25, 2024

    Jury Hands Mortgage Co. $73K Win In Trade Secrets Fight

    An Ohio federal jury has found that Revolution Mortgage owes just over $73,700 to competitor Equity Resources in a case where Equity accused its rival of misappropriation of trade secrets.

  • March 25, 2024

    'Infested Slum' Suit Warrants Class Cert., Conn. Justices Told

    Former tenants of a Hartford apartment complex are urging the Connecticut Supreme Court to let them pursue class claims that the complex turned into a "mold and cockroach infested slum," arguing in a hearing Monday that a lower court focused too heavily on the differences between the conditions of each unit.

  • March 25, 2024

    DeSantis OKs Bill Easing Teardown Of Old Coastal Buildings

    Florida Gov. Ron DeSantis has signed a bill limiting local control over the takedown and replacement of coastline structures that are out of step with building codes, after changes to the measure exempted some historic waterfront districts.

  • March 25, 2024

    High Court Won't Weigh In On ND Mineral Rights Takings Suit

    The U.S. Supreme Court on Monday declined to wade into a fight over oil and gas mineral rights underneath a North Dakota lake, rejecting former rights owners' argument that states' sovereign immunity does not protect them from takings claims in federal court.

  • March 25, 2024

    Law360 2024 Real Estate Authority Editorial Board

    Law360 is pleased to announce the formation of its 2024 Real Estate Authority Editorial Board, which includes leading industry experts, to provide feedback and shape coverage goals.

  • March 22, 2024

    OCC Fines Sterling Bank's Ex-COO $150K For Lax Oversight

    The former president of Michigan-based Sterling Bancorp Inc. has been ordered to pay $150,000 by the Office of the Comptroller of the Currency for allegedly failing to properly oversee the bank's Advantage Loan Program, which presented "high risks for fraud, money laundering, and lending misconduct."

  • March 22, 2024

    Feds Delay Community Lending Assessment Change To 2026

    Federal banking regulators have pushed back a looming implementation date for part of their revamped community lending rules, delaying the roll-out of certain changes in a move that is raising fresh criticism of the rulemaking amid an industry-backed legal challenge.  

Expert Analysis

  • Mass. Banking Brief: The Notable Compliance Updates In Q3

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    Among the most significant developments in the financial services space in the third quarter of the year, the Massachusetts Supreme Judicial Court handed down a stunning endorsement of the state's fiduciary duty rule, and banking regulators continued their multiyear crackdown on unregistered entities, say attorneys at Mintz.

  • Insurance Rulings Continue Expansion Of Appraisal's Ambit

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    Two recent Illinois insurance cases allowing property damage appraisers to determine causation — Wysoczan v. Cambridge in federal court and Shelter v. Morrow in state appellate court — perpetuate a judicial trend that will result in a slower, more expensive and cumbersome appraisal process that resembles litigation, says Matthew Fortin at BatesCarey.

  • In The CFPB Playbook: The Bureau In The Courts

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    From defending the constitutionality of its funding and the scope of its rulemaking authority in the courts to releasing more nonbinding guidance, the Consumer Financial Protection Bureau had a busy summer. Orrick's John Coleman discusses all this and more in the second installment of quarterly bureau activity recaps by former CFPB personnel.

  • Fintech Cos. Should Consider Asset-Based Financing For RE

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    Fintech companies that own or plan to acquire real property may be able to utilize asset-based financings to access more efficient and cost-effective forms of capital beyond traditional venture capital sources, say attorneys at Mayer Brown.

  • What To Consider When Converting Calif. Offices To Housing

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    In light of California legislators' recent efforts to expedite the process for converting offices into residential buildings, developers should evaluate both the societal upsides, and the significant economic and legal hurdles, of such conversions, says Steven Otto at Crosbie Gliner.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • 9 Consumer Finance Issues To Note From CFPB Report

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    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.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    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.

  • Ore. Warranty Ruling Complicates Insurance Classification

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    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.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • FCRA Legislation To Watch For The Remainder Of 2023

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    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.

  • Regulators Must Get Creative To Keep Groundwater Flowing

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    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.