Residential

  • April 26, 2024

    Umpqua Bank Seeks Win On Investors' Ponzi Aiding Claims

    Oregon-based Umpqua Bank has asked a San Francisco federal judge to toss claims that it aided and abetted a $250 million real estate Ponzi scheme, arguing the investors who brought the suit saw that their funds were put into "legitimate" investments.

  • April 26, 2024

    Calif. County Wants Out Of RV Parking Site Challenge

    San Luis Obispo County urged a California federal court to toss most of the claims filed by a union of homeless people and recreational vehicle residents who accused the county of wrongfully evicting them from a local parking area.

  • April 26, 2024

    Bankrupt NYC Building Owners, Rent-Strikers Settle Claims

    The bankrupt owners of several Manhattan apartment buildings asked a New York federal bankruptcy court to approve the settlement of the claims of rent-striking tenants, the tenants' debt and a related adversary proceeding.

  • April 26, 2024

    'Nuisance' Atty Neighbor Wins Ch. 11 Eviction Stay

    Norman Resnicow, the lawyer and alleged "nuisance neighbor" who lives next to actor Justin Theroux, has won his bid in New York bankruptcy court to hold off his co-op building from evicting him because of his Chapter 11 automatic stay.

  • April 26, 2024

    Ga. Residents Want In On $300M Monkey Farm Fight

    Four Georgia residents have asked a federal judge to let them intervene in a dispute over the construction of a sprawling primate-rearing farm in Bainbridge, alleging the local development authority that approved a $300 million bond deal for the project is colluding with the farm's backers to advance the project.

  • April 26, 2024

    Colo. House OKs Lower Age For Historic Structure Tax Credit

    Colorado would reduce the age requirement for the properties eligible for the state's historic structures tax credit, postpone its sunset and make other changes under legislation approved by the state House on Friday.

  • April 26, 2024

    Weyerhaeuser Is Optimistic About US Housing Market

    Weyerhaeuser remains upbeat about the housing market in 2024 and expects demand for lumber to pick up in the coming months, the lumber real estate investment trust said on its first quarter earnings call Friday.

  • April 26, 2024

    Default Risk At Major SF Complex Drives April CMBS Distress

    Kroll Bond Rating Agency said Friday that special servicing on a $1.3 billion loan for one of San Francisco's biggest apartment complexes accounted for more than a third of new distress among commercial mortgage-backed securities this month.

  • April 26, 2024

    Philly Mayor Creates Property Assessment Task Force

    Philadelphia will designate a task force to study and address inequities in the city's residential property tax assessments, the mayor announced Friday.

  • April 25, 2024

    PI Ordered To Stay Away From Jury That Issued $10B Verdict

    A California judge on Thursday kept in place an order for a private investigator to cease contacting jurors who delivered a $10 billion verdict in March against his client, telling him, "it doesn't sit well with me" that he's "going and bothering jurors" by visiting them at their homes.

  • April 25, 2024

    Real Estate Exec Can't Escape Shareholder's Self-Dealing Suit

    A California federal judge ruled that a derivative shareholder suit accusing the president of a real estate management and investment firm of misusing nearly $35 million of company revenue now passes the so-called Zuckerberg test since the plaintiff sufficiently pled that demand on the company's board members would be futile.

  • April 25, 2024

    JDS Buys $61M Miami Tower For Dolce & Gabbana Project

    An affiliate of JDS Development purchased a Miami office building for $61.2 million, which the developer plans to convert to a Dolce & Gabbana-branded tower with 259 hotel and luxury condominium units, per a Vizzda filing.

  • April 25, 2024

    Wash. Appeals Court Rejects Seattle High-Rise Permit Dispute

    A Washington state appeals court sided with a developer on Thursday in a challenge to its plan for a 17-story apartment building on Seattle's waterfront, concluding that the project's opponents missed their chance to contest the city's decision not to hold the proposal to certain shoreline regulations.

  • April 25, 2024

    Neb. To Require County Tax Roll Corrections Upon Final Order

    Nebraska county clerks or assessors will be required to correct tax rolls and property assessments when an administrative body or court gives a final order, under a bill signed by the governor.

  • April 25, 2024

    Mr. Cooper's $3.6M Convenience Fee Settlement Gets Final OK

    A D.C. federal judge on Thursday gave the final nod to a nearly $3.6 million settlement to resolve class action claims that Mr. Cooper unlawfully charged processing fees to borrowers who made mortgage payments over the phone.

  • April 25, 2024

    Phoenix-Area Build-To-Rent Project Sells For $57M

    Privately held Christopher Todd Capital said Thursday that it has bought a recently completed build-to-rent community near Phoenix for $57 million from an affiliate of Canadian developer WestStone Group.

  • April 25, 2024

    Peer Street Says It Has Votes To Confirm Ch. 11 Plan

    Bankrupt crowd-funded real estate investment platform Peer Street Inc. asked a Delaware bankruptcy judge to confirm its proposed Chapter 11 plan and disclosure statement, saying its creditors have voted overwhelmingly to support the plan ahead of its confirmation hearing scheduled for Friday.

  • April 25, 2024

    Gibson Dunn, Simpson Thacher Guide $1.6B Campus Deal

    KKR on Thursday announced the purchase of a portfolio of 19 student housing properties from Blackstone Real Estate Income Trust, in a $1.64 billion deal advised by Gibson Dunn & Crutcher LLP and Simpson Thacher & Bartlett LLP.

  • April 25, 2024

    Mobile Home Co. Pays $85K For Misclassifying Workers

    A mobile home transportation company in Texas paid nearly $85,000 in back wages for misclassifying 32 workers, the U.S. Department of Labor announced.

  • April 25, 2024

    EEOC Says Co. Piled Tasks On Black Worker, Then Fired Him

    A real estate company gave a Black manager more than twice as much work as his white colleague, paid him less and then fired him because he was "lazy," the U.S. Equal Employment Opportunity Commission said in a suit filed in Georgia federal court.

  • April 24, 2024

    Wash. Property Manager Sued Over Lease Cancellation Fees

    A proposed class of tenants accused a Seattle property management company and a Washington debt collection agency in state court of using lease cancellation practices that violate state law.

  • April 24, 2024

    Mass. Golf Course Manager Gets 13 Months For Tax Fraud

    A Massachusetts golf course manager was sentenced to 13 months in prison after pleading guilty to tax charges, following prosecutors' accusations that he manipulated contracts with a home developer to deflate their value.

  • April 24, 2024

    Court Pauses Order To Sell Office Park In $16M Tax Battle

    A New Jersey federal court paused its order allowing the U.S. government to sell a family trust's office park to satisfy a trustee's $16.2 million tax debt Wednesday, giving the family time to appeal a decision approving the sale to the U.S. Supreme Court.

  • April 24, 2024

    Condo Group Says Insurer Is Blowing Off Wind, Hail Damage

    Greater New York Mutual Insurance Co. has moved to federal court an Ohio non-profit condominium community's state court lawsuit accusing it of lowballing the group's wind and hail damage costs and then refusing to engage in their agreed-upon appraisal process.

  • April 24, 2024

    Title Co. Sues Conn. Atty Over Botched Mortgage Payoff

    First American Title Insurance Co. has sued a Connecticut attorney in state court for allegedly mishandling a $340,000 Bridgeport residential property sale, claiming the lawyer, who represented the seller, failed to transmit around $163,000 to cover an existing mortgage and left the insurer stuck footing the bill.

Expert Analysis

  • AI Isn't The Wild West, So Prepare Now For Bias Risks

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    In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.

  • AI's Baked-In Bias: What To Watch Out For

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    The federal AI executive order is a direct acknowledgment of the perils of inherent bias in artificial intelligence systems, and highlights the need for legal professionals to thoroughly vet AI systems, including data and sources, algorithms and AI training methods, and more, say Jonathan Hummel and Jonathan Talcott at Ballard Spahr.

  • Calif. Ruling May Open Bankruptcy Trustees To Tort Liability

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    In Martin v. Gladstone, a recent California appellate court decision, the application of tort concepts to bankruptcy trustees could pose a new concern for trustees and federal receivers when controlling and maintaining commercial property, says Jarrett Osborne-Revis at Buchalter.

  • 5th Circ. Ruling May Beget Fraud Jury Instruction Appeals

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    The Fifth Circuit’s recent U.S. v. Greenlaw decision, disapproving disjunctive fraudulent-intent jury instructions, will likely spawn appeals in mail, wire and securities fraud cases, but defendants must show that their deception furthered ends other than taking the victim's property, says Charles Fowler at McKool Smith.

  • Considerations For Navigating Mixed-Use Developments

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    As mixed-use developments continue to rise in popularity, developers considering this approach to urban planning must be aware of key considerations ranging from title and zoning laws to proper engagement with stakeholders, says Mehdi Sinaki at Michelman & Robinson.

  • 1st Tax Easement Convictions Will Likely Embolden DOJ, IRS

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    After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.

  • How CRE Loans Would Shift Under New Bank Capital Rules

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    Attorneys at MoFo discuss how commercial real estate loans would fare under federal banking agencies' proposed changes to how large banks risk-weight loans, particularly how CRE loans are weighed based on the current standardized framework versus the proposed expanded approach.

  • Proactive Measures While NY Foreclosure Law Is In Limbo

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    While questions about the scope and constitutionality of New York's Foreclosure Abuse Prevention Act might not be resolved by courts for years, lenders, borrowers and other interested parties can take action to protect their rights and potentially expedite appellate review, say Allison Schoenthal and Andrew Kim at Goodwin.

  • EB-5 Investment Period Clarification Raises More Questions

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    U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.

  • How NY Residential Property Condition Disclosure Is Shifting

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    New York's recent significant amendments to the Property Condition Disclosure Act provide a new focus on the risk and damage from flooding, and the changes will affect the duties and standard of practice for real estate brokers, as well as liability and compliance for sellers and landlords, says Steven Ebert at Cassin & Cassin.

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

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    The most notable legal changes affecting Connecticut financial institutions in the third quarter of 2023 included increased regulatory protections for consumers, an expansion of state financial assistance for underserved communities, and a panoply of tweaks to existing laws, says Brian Rich at Barclay Damon.

  • 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.