Residential

  • May 13, 2024

    NY Bill Seeks Property Tax Break For Upgrades To Cut Carbon

    New York would create a property tax exemption for capital improvements made to residential property for the purpose of reducing carbon emissions under a bill introduced in the state Assembly.

  • May 13, 2024

    NJ Firm's Former Exec Says Home Purchase Not Tied To Theft

    A previous McElroy Deutsch executive is fighting a claim on her house after her husband, another former firm leader, copped to stealing $1.5 million, arguing his theft began after January 2017 and therefore the firm could not show funds were used to purchase their New Jersey home in 2016.

  • May 13, 2024

    Justices Deny Review Bid From Convicted REIT Execs

    The U.S. Supreme Court on Monday declined to hear a bid by four incarcerated executives with Texas real estate investment trust United Development Funding to overturn a Fifth Circuit ruling upholding their convictions in a Ponzi scheme.

  • May 13, 2024

    Ex-Pa. City Housing Head Gets 3 Years In Prison For Fraud

    The former head of an economically distressed Pennsylvania city's public housing authority was sentenced Monday to over three years in prison for bilking the agency out of $545,000 through a yearslong scheme of submitting inflated contracting bills for housing repairs to line his own pockets.

  • May 13, 2024

    High Court Won't Take Up Wyo. Wildfire Suit

    The Supreme Court on Monday declined to review a suit by survivors of the 2018 Roosevelt wildfire in Wyoming against the U.S. Forest Service over the government's decisions in fighting the fires.

  • May 10, 2024

    Colo. Investor Says Fox Rothschild Atty's Missteps Cost $3M

    One of three investors behind a Colorado development has filed suit against Fox Rothschild LLP and an attorney in state court, alleging that the attorney's failures led the entity to lose upwards of $3 million when a relationship with the fellow investors soured.

  • May 10, 2024

    Solar Co. Stockholders Claim Execs, Board Caused Losses

    SunPower's current and former leadership was accused in a derivative shareholder suit of sending the residential solar power company into a financial tailspin by revising financial statements multiple times and causing the stock value to drop.

  • May 10, 2024

    3 Takeaways From The Real Deal's New York City Forum

    Industry professionals at The Real Deal's New York City Real Estate Forum this year aired a lot of grievances about housing and development policies in the Big Apple and Empire State, though panels also touched on a major problem facing lenders. 

  • May 10, 2024

    Ore. Court Drops Tax Value Of Rural Property

    The Oregon Tax Court lowered the real market valuation of a rural property with outbuildings used for storage of a car collection, relying partially on the owner's cost approach to the value.

  • May 10, 2024

    Nationstar Mortgage Wants To Escape 'Junk Fee' Suit

    Nationstar Mortgage LLC has asked a Washington federal judge to toss a proposed class action alleging it illegally charged homeowners a "junk fee" for written payoff quotes, saying the suit's claims fail because expedited payoff fees are not unlawful and do not breach the terms of the relevant loan agreements.

  • May 09, 2024

    Industry Orgs Urge DC Circ. To Ax HUD Disparate Impact Rule

    Several industry associations are backing a D.C. Circuit challenge to a U.S. Department of Housing and Urban Development rule governing disparate impact claims under the Fair Housing Act, contending the federal agency exceeded its powers and ignored Supreme Court precedent in issuing the regulation.

  • May 09, 2024

    Making Borrower Contact Ex Was Reasonable, Court Told

    A Connecticut woman's lawsuit accusing her mortgage servicer of forcing her to get in touch with an abusive ex-partner must be dismissed because it doesn't properly state a claim for violation of the Equal Credit Opportunity Act, the company told a federal court Thursday.

  • May 09, 2024

    REIT Says Insurers Must Cover Antitrust Conspiracy Claims

    A real estate investment trust accused its insurers of wrongfully denying coverage for an underlying multidistrict litigation alleging that the company was part of an antitrust conspiracy to inflate rents for multifamily housing, telling a Colorado federal court that the MDL falls plainly within multiple coverage parts of its policies.

  • May 09, 2024

    NY Appeals Court Says Parking Garage Is Rent-Stabilized

    A New York state appeals court on May 9 upheld a housing agency's decision finding that a parking garage in a building in the Bronx borough of New York City is rent-stabilized.

  • May 09, 2024

    NY Tribunal Affirms Couple Can't Claim Real Estate Deduction

    A New York couple was correctly denied a real estate deduction on their personal income tax returns because the husband didn't qualify as a real estate professional, the state Tax Appeals Tribunal affirmed in a decision released Thursday.

  • May 09, 2024

    Mass. Tax Board Axes Home's Value Based On Similar Sales

    A Massachusetts home was overvalued, the state Appellate Tax Board ruled, finding evidence of comparable sales presented by the homeowner to be persuasive.

  • May 09, 2024

    Colo. Lawmakers Approve Extended Property Tax Cuts

    Colorado would extend its current temporary property tax rate reductions into 2024 and would lower tax rates for future years under legislation passed by Colorado lawmakers that could save property owners about $1 billion in its first year.

  • May 09, 2024

    Va. Builder's Sand Purchases Found Subject To Sales Tax

    A Virginia homebuilder that purchased dirt and sand must pay sales tax on those purchases because both are tangible personal property, the state's tax commissioner ruled.

  • May 08, 2024

    Fla. Condo Terminations Could Spread, But Won't Be Easy

    A reckoning is approaching for aging condominium buildings across Florida, with state structural inspections and reserve studies mandated after the deadly 2021 Surfside building collapse due at year's end. But although this could present much needed redevelopment opportunities, the path looks as difficult to navigate as ever, experts said at a real estate conference this week in Miami.

  • May 08, 2024

    Execs Weigh In On Housing Trends At DLA Piper Panel

    Why is it so hard to build housing? Blame high interest rates, spiking insurance rates and maybe even some sort of elderberry beetle — according to a group of housing development executives gathered in Chicago this week for DLA Piper's annual real estate conference.

  • May 08, 2024

    Upstate NY Cities Aim To Join Rent-Regulated Ranks

    After a 2019 tweak to state law allowed localities beyond New York City and its surrounding counties to opt into rent stabilization for the first time since the original legislation was passed in 1974, a smattering of upstate cities have attempted to do just that, to varying degrees of success.

  • May 08, 2024

    Brokers Lean On Other Business With Transactions Flat In Q1

    Commercial real estate's big four brokers are still waiting for inflation to cool down so capital markets can rebound, despite signs in the first quarter that a recovery was underway.

  • May 08, 2024

    Norfolk Southern Class Counsel Talks Settlement, Legacy

    With residents of East Palestine, Ohio, on the verge of a $600 million payout for the 2023 Norfolk Southern train derailment, plaintiffs' co-lead counsel Jayne Conroy shared some thoughts about the role property values played in the proposed settlement and what ripple effect their arguments might have in similar cases.

  • May 08, 2024

    Coldwell Banker's Lockboxes Draw BIPA Suit

    Coldwell Banker has been sued in Illinois state court by a proposed class of employees who claim it violated Illinois' biometric privacy law by failing to get their informed consent before requiring them to scan their fingerprints to access biometric lockboxes that store keys for rental units shown to potential customers.

  • 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.

Expert Analysis

  • Ch. 13 Ruling Issues Warning To Mortgage Servicers

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    The Ninth Circuit Bankruptcy Appellate Panel’s recent ruling in Orlansky, which held that the mortgage servicer violated the automatic stay in its post-petition communication to debtors, suggests that circuit bankruptcy courts may more closely scrutinize how certain fees are presented in monthly statements, say Justin Paget and Jennifer Wuebker at Hunton.

  • Using Synthetic Securitization In Residential Mortgage Loans

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    In light of a recent Federal Reserve report emphasizing the importance of maintaining sufficient capital positions, banking organizations should consider using synthetic securitization to help mitigate capital charge associated with residential mortgage loan portfolios, say attorneys at Mayer Brown.

  • Tips For In-House Legal Leaders In A Challenging Economy

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    Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

  • How Cities Can Tackle Post-Pandemic Budgeting Dilemmas

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    Due to increasing office vacancies around the country, cities may consider politically unpopular actions to avoid bankruptcy, but they could also look to the capital markets to ride out the current real estate crisis and achieve debt service savings to help balance their budgets, say attorneys at Cadwalader.

  • What Associates Need To Know Before Switching Law Firms

    Excerpt from Practical Guidance
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    The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.

  • FHFA Plans Forecast The Year Ahead In Affordable Housing

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    This year attorneys in the affordable housing sector can expect to see developers utilizing the financing tools included in Freddie Mac and Fannie Mae's updated equitable housing finance plans, including various sponsor-elected programs and Freddie's forward commitment initiative, say Evan Blau and Beth Budnick at Cassin & Cassin.

  • A Case For Sharing Mediation Statements With Counterparties

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    In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.

  • How To Determine Best Format For Annual Building Meetings

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    As hundreds of New York City co-ops and condominiums conduct their annual meetings over the next few weeks, they should keep both legal and practical considerations in mind when deciding between virtual and in-person formats, says Robert Braverman at Braverman Greenspun.

  • EB-5 Reform Continues To Weigh Heavily On Participants

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    Recent U.S. Citizenship and Immigration Services guidance helps clarify aspects of the 2022 EB-5 Reform and Integrity Act, which increased oversight of EB-5 regional centers, but does not end the industry's continuing state of uncertainty, says Robert Divine at Baker Donelson.

  • Colo. Bankruptcy Ruling Clarifies Debt Collection Rules

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    The Colorado Supreme Court’s recent ruling in U.S. Bank v. Silvernagel provides necessary clarification on the state's debt collection statute of limitations commencement rules and gives lenders breathing room to pursue foreclosure after their borrowers receive a bankruptcy discharge, say Erin Edwards and Justin Balser at Troutman Pepper.

  • Preparing For Legal Scrutiny Of Data Retention Policies

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    Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.

  • Echoes Of '80s Thrift Crisis Are Present In Today's Bank Woes

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    The current distress in the banking industry bears an uncanny resemblance to the thrift industry crisis of the 1980s, and while that collapse was a worst-case scenario, it provides lessons for understanding the fundamental economic forces at work today, says Alan Frankel at Coherent Economics.

  • Attorneys Should Have An Ethical Duty To Advance DEI

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    National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.