Residential
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April 11, 2025
Landlords Look To Exit DOJ's RealPage Antitrust Case
The residential building owners accused by federal and state enforcers of violating antitrust law through their use of RealPage's software to set rental prices told a North Carolina federal court it's not against the law for companies to use the same software.
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April 11, 2025
Judge Won't Exit Broker Fee Case Over Donations To Wife
A Missouri federal judge said a real estate firm's bid to boot him from a class action over commission fees may have been driven more by litigation strategy than ethical concerns over campaign contributions made by opposing counsel to his wife, a Kansas City councilwoman.
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April 11, 2025
Mich. Top Court Won't Hear Appeal Of $217M Dam Repair Tax
The Michigan Supreme Court on Friday said it wouldn't hear an appeal from a host of homeowners challenging a $217 million special assessment to fund the repair of dams and restoration of lakes after 2020 floods that devastated mid-Michigan counties.
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April 11, 2025
Developer, Hedge Fund Settle Colo. Housing Project Dispute
A Colorado state judge permanently dismissed a real estate developer's suit alleging a hedge fund owner owed hundreds of thousands of dollars related to a Denver commercial housing project and misused grant funds, after the parties reached a settlement.
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April 11, 2025
Intapp Acquires Real Estate Software Co. TermSheet
Professional services company Intapp Inc. announced on Friday its first acquisition of the year, picking up TermSheet, a provider of software for real estate teams.
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April 10, 2025
Calif. FAIR Plan Denying Wildfire Smoke Coverage, Suit Says
California's "insurer of last resort" has been illegally underpaying or denying smoke damage coverage to homeowners affected by January's Los Angeles-area wildfires, leaving property owners with uninhabitable homes and at risk of serious health issues related to toxin exposure, homeowners alleged in a complaint filed Thursday in California state court.
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April 10, 2025
DeSantis Urges Relief For Condo Owners Amid New Fla. Laws
Florida Gov. Ron DeSantis renewed calls for state lawmakers to provide condominium owners relief from financial burdens resulting from new state requirements, while slamming a proposal in the state House of Representatives that he said favors developers seeking to buy out associations.
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April 10, 2025
Parish Must Face Discriminatory Land Use Suit, 5th Circ. Says
A Fifth Circuit panel has revived a lawsuit accusing a Louisiana parish of steering hazardous industrial facilities into Black communities, holding that claims from a church and two resident groups in an area dubbed Cancer Alley were timely and alleged concrete injuries.
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April 10, 2025
Reps Intro Bill To Cap Conservation Easement Protections
Two Republican congresswomen have introduced a bill that would put a 30-year cap on conservation easements entered into by the U.S. Department of the Interior, saying the agreements shouldn't be allowed to hamstring future generations of landowners.
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April 10, 2025
Arbitration Stands In La. Condo's Hurricane Damage Case
A Louisiana federal judge has refused to reconsider his order compelling arbitration of a $4.9 million insurance claim over Hurricane Ida damage to a New Orleans condominium complex in light of new guidance from the state's top court.
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April 10, 2025
Terra, Fortune Team Up For $205M Fla. Village Buy
Developers Terra and Fortune International Group have purchased a former oceanfront resort property in the village of Key Biscayne, Florida, for $205 million, and they plan on developing a 56-unit "ultra-luxury" condominium building there, according to a Thursday announcement.
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April 10, 2025
Del. Justices Urged To Revive Gellert Seitz Malpractice Case
A homebuilder is asking the Delaware Supreme Court to undo Gellert Seitz Busenkell & Brown LLC's win in a legal malpractice case over damages the builder says it suffered due to negligent representation in loan restructuring disputes with a bank.
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April 10, 2025
Rocket Mortgage Says Feds Can't Scuttle Appraisal Suit
Rocket Mortgage LLC is fighting back against the U.S. Department of Housing and Urban Development's bid to dismiss the mortgage lender's suit, arguing in Colorado federal court that HUD is unlawfully forcing the company to change a residential appraisal that was allegedly discriminatory.
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April 09, 2025
Wave Of Algorithmic Pricing Laws Crashes Over Rental Market
Lawmakers at all levels of government are seeking to ban the use of algorithmic pricing tools in the rental housing market and beyond. As policies multiply, attorneys point to the risk of making significant changes to antitrust law before the legal standard is resolved.
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April 09, 2025
Fla. Investigator Sued Over Tossed Insurance Fraud Cases
A Florida man accused of home insurance fraud and who later had his cases tossed by for lack of evidence has sued the criminal investigator who referred the charges, alleging a false set of facts that were negligently provided to state attorneys led to his malicious prosecution.
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April 09, 2025
Dechert Leaders Talk Commercial Mortgage-Backed Securities
After a few slow years, activity in the commercial mortgage-backed securities market has roared back to life, as investors, lenders and borrowers get comfortable with the new normal and find ways to get deals done, according to Laura Swihart and Stewart McQueen of Dechert LLP.
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April 09, 2025
NJ Will Pay $15M To Settle County's Casino Tax Break Lawsuit
Atlantic County and the state of New Jersey have reached a $15 million settlement over a dispute related to a property tax break program for casinos that the county argued unconstitutionally shifted the tax burden to its municipalities.
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April 09, 2025
LA City Atty Cops To Altering Docs, Urges Sanctions Restraint
The Los Angeles City Attorney's Office has admitted to destroying and modifying evidence tied to homeless residents' lawsuit challenging the constitutionality of encampment sweeps, while telling a California federal court the punitive sanctions those residents seek are too harsh a remedy.
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April 09, 2025
Ill. Real Estate Broker Gets 4 Years For $3M Investment Scam
A Chicago real estate broker has been sentenced to more than four years in prison after pleading guilty last year to allegations he duped clients into investing millions of dollars in properties that did not exist and then used the investors' funds for personal expenses, federal prosecutors announced Wednesday.
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April 09, 2025
Banks Back Private Credit's Rise. Should Borrowers Care?
Banks provide back-financing in most real estate private credit deals and often have a say on what happens when a loan goes bad, but attorneys have different opinions about whether borrowers should be tuned into what's going on with their debt behind the scenes.
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April 09, 2025
2 Firms Advise $100M Securitization After Texas Portfolio Loan
Two firms said Wednesday that they advised a $100 million securitization for Third Coast Bank after the Texas-based lender originated a $200 million loan for the purchase of 11 master-planned communities underway in Houston, Dallas and Austin.
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April 09, 2025
Game On As AppWork Seeks Edge In Multifamily Maintenance
In a crowded field of technology products aiming to improve maintenance operations for multifamily properties, the platform AppWork is looking to stand out with greater focus on the technicians, including through an innovative gamification approach.
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April 09, 2025
Mortgage Co. Can't Toss 401(k) Mismanagement Suit
A North Carolina federal judge refused to toss a proposed class action against Republic Mortgage Insurance Co. from an ex-worker who alleged his 401(k) plan was mismanaged, finding allegations were backed up with enough evidence to proceed to discovery.
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April 09, 2025
Invictus Finalizes $155M Loan For Miami Condos
Invictus Real Estate Partners and Integritas Capital have closed on a $155 million construction loan for a Miami condominium project, according to a Wednesday announcement.
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April 09, 2025
Holders Of Section 8 Vouchers Sue Housing Agency Over Rent
A proposed class of people who receive Section 8 vouchers from the New York City Housing Authority are accusing the agency of unlawfully allowing certain landlords to raise their rents so high that their tenants risk being evicted.
Expert Analysis
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The Current And Future State Of Bank-Fintech Partnerships
Though the Consumer Financial Protection Bureau under President Donald Trump seems likely to cultivate an environment friendlier to the financial services industry, bank-fintech partnerships should stay devoted to proactive compliance and be ready to adapt to regulatory shifts that may intensify scrutiny from enforcers, say attorneys at Greenberg Traurig.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Navigating Mortgage Insurance Provisions After LA Fires
As homeowners affected by the Los Angeles wildfires consider rebuilding, mortgage lenders and servicers must negotiate the complex intersection between the standard deed of trust and property insurance, says Heather Wright at Buchalter.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Year Of The Snake Will Shake Up RE And Mortgage Finance
The year ahead may bring profound transformation and opportunities for growth in the real estate and mortgage finance sectors, with significant issues including policy battles and questions surrounding the future of Fannie Mae and Freddie Mac, says Marty Green at Polunsky Beitel.
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How Southern Calif. Fires Can Affect National, Local Pricing
The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.
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CFPB Small Biz Study Brings Fair Lending Considerations
The Consumer Financial Protection Bureau's recent report highlighting potential racial discrimination in small business lending may not result in more aggressive enforcement under the Trump administration — but lenders can expect state regulators, private plaintiffs and advocacy groups to step up their own efforts, say attorneys at Husch Blackwell.
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Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up
Publications released by Consumer Financial Protection Bureau personnel in the last days of the Biden administration outline former Director Rohit Chopra's long-term vision for aggressive state-level enforcement of federal consumer financial laws, opening the doors for states to launch investigations and pursue actions, say attorneys at Hudson Cook.
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Corp. Transparency Act's Future Under Treasury's Bessent
The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.
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Nippon Order Tests Gov't Control Over Foreign Investments
The U.S. government is primarily interested in restraining foreign transactions involving countries of concern, but former President Joe Biden’s January order blocking the merger of Nippon Steel and U.S. Steel shows that all foreign direct investments are under the federal government’s microscope, say attorneys at Blank Rome.
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A Look At A Possible Corporate Transparency Act Exemption
Attorneys at Kirkland offer a deep dive into the application of the Corporate Transparency Act's reporting requirements specifically to U.S.-domiciled co-issuers in typical collateralized loan obligation transactions, and consider whether such issuers may be able to assert an exemption from the CTA's reporting requirements.
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Emphasize Social Spaces During RE Project Public Review
As Boston continues to work through revisions to its public review process for real estate projects, developers attempting to balance impact mitigation and community improvements may benefit from emphasizing the ways in which development plans can facilitate open social exchange, says David Linhart at Goulston & Storrs.
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Complying With Calif. Price-Gouging Law After LA Fires
The recent tragic Los Angeles fires have brought attention to the state's sometimes controversial price-gouging protections, and every California business should keep the law's requirements in mind, despite the debate over whether these statutes help consumers, say attorneys at Cooley.