Residential
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January 07, 2025
CMBS Deals, Distress Rates Saw 2024 Highs
Kroll Bond Ratings Agency reported Tuesday that $104.1 billion worth of commercial mortgage-backed securities were issued in 2024, more than doubling issuance rates seen in 2023, even as distress rates driven by office sector performance rose simultaneously.
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January 07, 2025
NC Homeowners Certified In HOA Debt Collection Class Action
A federal judge has certified two classes of North Carolina homeowners who allege that a debt collector charged excessive fees and sent misleading notices to scare people into ponying up the cash, but the judge excluded a third proposed class that she said was too ambiguous.
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January 07, 2025
ND Gov. Pitches Property Tax Reform In Annual Address
North Dakota would cap local property tax increases at 3% and double a major exemption under a plan pitched by the state's new governor that he said would eliminate the tax on many primary residences in the next decade.
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January 07, 2025
Mont. Bill Seeks Review Process For Tax-Exempt Property
Montana would require the state Department of Revenue to create a program to review property that is exempt from taxation under a bill introduced in the state House of Representatives.
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January 07, 2025
Akerman Advises Bronx Kingsbridge Armory Project
Akerman LLP is representing a joint venture that will redevelop the Kingsbridge Armory in the Bronx with the help of $215 million in public funds, a project that city and state officials unveiled Tuesday.
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January 07, 2025
2 Firms Advise Nonprofit's $124M Loan In Housing Site Buy
Nonprofit Westhab acquired a development site in the Sheepshead Bay neighborhood of Brooklyn, New York, from a Slate Property Group affiliate, borrowing $124 million along with the purchase in transactions advised by Nixon Peabody LLP and Chapman and Cutler LLP.
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January 07, 2025
NC Biz Court Limits MV Realty's Usable Trial Evidence
Embattled Florida real estate company MV Realty will not be allowed to introduce certain evidence at its upcoming fraud trial about its calls to consumers, as a punishment for providing the state inaccurate information during discovery, the North Carolina Business Court has ruled.
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January 07, 2025
DOJ Ropes Landlords Into RealPage Antitrust Case
The U.S. Department of Justice dramatically expanded its antitrust case against RealPage on Tuesday, accusing half a dozen residential landlords of using the software company's tools to coordinate rental rates while reaching a settlement with one of the property owners.
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January 07, 2025
No Problem With $217M Dam Repair Tax, Mich. Panel Says
A Michigan appellate panel on Monday said a $217 million special assessment levied on property owners for dam repairs and lake level restoration after devastating 2020 floods was established through a legally sound process, ruling the owners were never entitled to have a pseudo-judicial review of the tax.
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January 07, 2025
NYC Condo Owner Hits Ch. 11 With More Than $70M Debt
The owner of 105 unsold New York City waterfront condominium units has filed for Chapter 11 protection with more than $70 million in liabilities.
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January 07, 2025
Landowner Gets Pot Farm Transport Easement Nixed
A California state appeals court has vacated a conditional use permit that the County of Santa Barbara issued to a cannabis farm, finding that a nearby landowner can deny the use of an easement on its property to transport the federally illegal goods.
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January 07, 2025
Stoel Rives Adds San Diego Construction Atty As Partner
Stoel Rives LLP said construction and real estate attorney Kirsten Worley has joined the firm as a partner in its San Diego office.
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January 07, 2025
Ore. Tax Court Affirms Value Error's Fix Applies Only To 1 Year
The Oregon Department of Revenue correctly adjusted the maximum assessed value of a property for only one tax year based on the correction of an earlier error, the Oregon Tax Court ruled.
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January 06, 2025
Feds Hit Georgia Developer With Suit Over Native Artifacts
The United States has accused a Georgia developer of violating its Clean Water Act permit by illegally filling in wetlands, so it could build residences on a floodplain even though it knew about the presence of protected archaeological sites and cultural objects on the property.
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January 06, 2025
Fla. Condo Developer Lands $108M Construction Loan
Fort Partners has secured a $107.6 million construction loan from Madison Realty Capital, as the developer completes construction of a luxury condominium project in the Miami suburb of Surfside, the lender said on Monday.
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January 06, 2025
Ill. Bill Aims To Extend Affordable Housing Tax Break Deadline
Illinois would allow some owners of affordable rental housing until the end of 2037 to apply for a reduction in their property's assessed value for tax purposes as part of a bill introduced in the state Senate.
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January 06, 2025
Ohio Landlord Seeks $9M Insurance Payout For Hail Damage
The operator of a 324-unit apartment complex is seeking to recover over $9 million from its insurer for damages caused by a 2022 hail and windstorm, according to filings in Ohio federal court.
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January 06, 2025
3 Firms Guide $291M Financing Deal For Miami Project
Miami developer Terra obtained $291 million in permanent financing in a deal guided by Holland & Knight LLP, Cadwalader Wickersham & Taft LLP and Gangemi Law Group PLLC for the completed first phase of its upcoming 38-acre mixed-use development project known as Centro City.
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January 06, 2025
Winstead Reps Greystar In Sale Of $102.4M Complex To LDS Firm
Winstead PC advised Greystar in selling a nearly 250-unit complex in Palm Beach County, Florida, to an investment arm of the Church of Jesus Christ of Latter-day Saints for $102.4 million.
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January 06, 2025
CFPB Sues Berkshire-Owned Lender Over 'Risky' Home Loans
The Consumer Financial Protection Bureau filed suit Monday against a lending arm of Clayton Homes Inc., the Berkshire Hathaway-owned builder of manufactured homes, accusing it of underwriting failures that stuck vulnerable borrowers with unaffordable loans.
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January 06, 2025
Palladius Buys 9 Residential Properties For $579M
Palladius Capital Management announced Monday it purchased nine new residential assets, including multifamily properties and student housing communities, in a deal valued at $579 million.
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January 06, 2025
Property Owner Says Insurers Owe $4.2M For Burglary Losses
A property owner said its insurers must cover $4.2 million in property damage caused by a burglary, telling an Oregon federal court that the carriers relied on a number of policy exclusions to deny coverage but failed to properly investigate the claim.
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January 03, 2025
Ohio AG Urges State Justices To Limit Local Tax Appeals
Ohio's attorney general backed property owners in the state Supreme Court who are arguing that school boards can't appeal valuation decisions of properties they don't lease or own to county courts, saying the boards don't have a sufficient interest in the properties to pursue litigation.
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January 03, 2025
Pa. Homebuyers Say Broker Misled Them On Chicken Ban
A pair of Pennsylvania homebuyers told a state court on Jan. 2 they have buyer's remorse after being misled by broker Coldwell Banker Real Estate Services LLC about a homeowners association's ban on chickens living on their property.
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January 03, 2025
FHLB San Francisco CLO Exits Amid Proposed Restructuring
The chief legal officer of the Federal Home Loan Bank of San Francisco has resigned after her position was set to be restructured, according to a public filing.
Expert Analysis
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Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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Foreclosing Lenders Still Floating In Murky Legal Waters In NY
The New York foreclosure landscape remains in disarray after the state's highest court last month declined to weigh in on whether legal changes from 2022 that severely curtailed lenders' ability to bring successive foreclosure cases were retroactive, says Brian Rich at Barclay Damon.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
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How Property Insurance Coverage Shrank After The Pandemic
Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.
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Why Secured Lenders Must Mind The Gap In UCC Searches
If not adequately addressed, the Uniform Commercial Code filing indexing gap can interfere with a lender's expected lien priority, but taking appropriate preclosing actions and properly timing searches can eliminate this risk, says Robert Wonneberger at Barclay Damon.
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Election Outcome Could Reshape Financial Industry
The policies of the next presidential administration and Congress will shape the landscape of financial services in the U.S. — including banking, mortgage, investment and credit services — for years to come, affecting Wall Street investors and aspiring homeowners alike, say Alexander Hecht and Frank Guinta at Mintz.
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There's No Crying In Property Valuation Baseball Arbitration
The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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Rental Price-Fixing Suit Against RealPage Doesn't Add Up
Recent government antitrust litigation against RealPage, alleging that the software company's algorithm for setting rental prices amounts to price-fixing, has failed to allege an actual conspiracy, and is an example of regulatory overreach that should be reined in, says Andrew Ketterer at Ketterer & Ketterer.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Colorful Lessons From NYC's Emotional Support Parrot Suit
A recently settled lawsuit in New York federal court concerning housing discrimination claims from a resident who had emotional support parrots highlights the importance of housing providers treating accomodation questions seriously even if they may appear unusual or questionable, say attorneys at Seyfarth.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Consider Best Legal Practices For Commissioning Public Art
Commissioning public art for real estate projects can provide many benefits to real estate developers and the public, but it's important to understand the unique legal and contracting aspects of the process to ensure that projects are completed on time and on budget, says Sarah Conley Odenkirk at ArtConverge.