Residential
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January 09, 2025
Hochul Floats Curbing Tax Breaks For PE Home Investments
New York Gov. Kathy Hochul said Thursday that she is seeking to curtail certain tax breaks for private equity firms that invest in certain residential properties, saying the policy would make more of the state's housing stock available to individual homebuyers.
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January 08, 2025
Whistleblower Attys Get $8.7M In Academy Mortgage FCA Suit
Counsel representing a whistleblower will receive $8.7 million in fees and expenses — less than requested — for their role in reaching a $38.5 million deal with Academy Mortgage in a suit accusing the company of submitting false claims, according to a newly public order.
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January 08, 2025
Mortgage Firm Reaches $1.8M Redlining Settlement With Feds
A Florida-based mortgage company has agreed to pay $1.75 million to resolve U.S. Department of Justice lending discrimination allegations, making it the third nondepository institution to strike such a deal, the government has announced.
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January 08, 2025
Convicted Ex-Nomura Trader To Settle SEC's RMBS Action
Ex-Nomura Securities International Inc. trader Michael Gramins, who was convicted in 2017 of scheming to trick mortgage bond buyers, has reached a tentative agreement with the U.S. Securities and Exchange Commission to settle follow-on civil claims, according to an agency filing on Wednesday.
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January 08, 2025
Bronx Multifamily Project Cashes In $218M Freddie Mac Loan
Affiliates of The Domain Cos. have secured a $218 million loan for a mixed-use, mixed-income multifamily project in the Bronx borough of New York City, with financing provided by Freddie Mac via JLL Real Estate Capital.
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January 08, 2025
HUD Announces $12B In Disaster Assistance Grants
The U.S. Department of Housing and Urban Development said it will provide $12 billion in grants to help communities in two dozen states and territories recover from hurricanes Helene and Milton last year and wildfires on the Hawaiian island of Maui in 2023.
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January 08, 2025
3 Firms Lead Brookfield's $321M Harlem Apartment Complex Sale
Brookfield Properties sold a West Harlem, New York, apartment complex for $321 million in a deal guided by Sheppard Mullin Richter & Hampton LLP, Sidley Austin LLP and Fried Frank Harris Shriver & Jacobson LLP.
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January 08, 2025
Madigan Denies Extorting Developers For Law Firm Business
Ex-Illinois House Speaker Michael Madigan testified Wednesday that he never wanted a Chicago alderman to leverage his chairmanship of a powerful city council committee to steer business to Madigan's law firm, saying he merely asked for introductions to developers and felt "surprise and concern" when the alderman referenced a quid pro quo deal.
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January 08, 2025
AmeriFirst Heads Back To Ch. 11 Mediation With Creditors
Bankrupt mortgage service provider AmeriFirst Financial Inc. is heading back into mediation with unsecured creditors after a Delaware judge said Wednesday that a resolution is needed in the stagnant Chapter 11 proceedings.
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January 08, 2025
Landlords Liable For Brokers' Bias, NY Court Confirms
A New York appellate court confirmed that landlords are on the hook if their broker violates source of income discrimination law, finding that any other interpretation would allow property owners to skirt the city's Human Rights Law.
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January 08, 2025
Calif. Woman Can't Reduce Tax From Property Sale, OTA Says
A Californian failed to prove she was eligible for a reduction in the tax liability assessed on capital gains that resulted from a property sale, the state Office of Tax Appeals ruled.
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January 08, 2025
REITs Should Expect More Shareholder Activism In '25
Public real estate companies should expect more shareholder activist campaigns in 2025, with investors targeting real estate investment trusts with poor corporate governance practices and placing a greater focus on mergers and acquisitions, according to an Olshan Frome Wolosky LLP attorney.
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January 08, 2025
Mortgage Cos. Fined $20M Over Cybersecurity Breach
Bayview Asset Management LLC and three affiliates on Wednesday agreed to pay a $20 million fine and improve their cybersecurity programs to settle allegations from 53 state financial regulators that the mortgage companies had deficient cybersecurity practices and didn't fully cooperate with regulators after a 2021 data breach.
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January 08, 2025
Divisive Mass. Housing Law Can Stand With Administrative Fix
Massachusetts' top appellate court on Wednesday upheld a controversial law requiring towns in Greater Boston to add housing density near mass transit facilities, but found that the state must take additional procedural steps before the law can go into effect.
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January 08, 2025
Florida Real Estate Projects To Watch In 2025
Florida real estate has weathered the economic headwinds of the past few years and has no shortage of notable projects in the pipeline across multiple markets.
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January 08, 2025
NYC Development Projects To Watch In 2025
New York City real estate development is still squeezed by interest rates and office vacancies, but attorneys for developers are hopeful that public policy and pricing discovery will continue to spur deals.
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January 08, 2025
The Enviro Policies Real Estate Attys Are Eyeing In 2025
On the precipice of four years of expected deregulation, agency challenge, and a weakening of incentives and credits, real estate attorneys and their clients are in a wait-and-see phase to determine how environmental policy shifts will — or should — alter their work.
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January 08, 2025
Housing Policy To Watch In 2025
New approaches to corporate ownership of single-family homes, shifting priorities on public housing, possible solutions to continuing cost issues and emerging tax credit tweaks are among housing policies that attorneys say they have their eyes on heading into 2025.
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January 07, 2025
Dallas County Settles With Developer In Denied Permit Row
A Dallas developer and Dallas County buried the hatchet in a suit over the county's denial of a permit application for 11 residential lots in a subdivision, telling a Texas federal judge they had reached a settlement agreement in a Tuesday joint stipulation of voluntary dismissal.
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January 07, 2025
Mortgage Servicer Makes Borrowers To 'Pay-To-Pay,' Suit Says
Residential mortgage servicer Select Portfolio Servicing Inc. must face a customer's proposed class action alleging it breaks North Carolina state laws with $15 fees it charges borrowers who make monthly payments over the phone.
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January 07, 2025
Mont. Bill Floats Mine, Data Center Property Tax Changes
Montana would lower the property tax rate imposed on metal mines, certain agricultural land and railroads but raise the rate on data center property as part of a bill introduced in the state Senate.
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January 07, 2025
Mont. Bill Calls For Property Tax Appraisals Every 2 Years
Montana would require all real property to be reappraised every two years for tax purposes as part of a bill introduced in the state House of Representatives.
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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.
Expert Analysis
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Assessing The Future Of Colorado's Economic Loss Rule
The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.
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How Recent Laws Affect Foreign Purchase Of US Real Estate
Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.
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What Shareholder Approval Rule Changes Mean For Cos.
The U.S. Securities and Exchange Commission recently approved proposed rule changes to shareholder requirements by the New York Stock Exchange, an approval that will benefit listed companies in many ways, including by making it easier to raise capital from passive investors, say attorneys at Baker Botts.
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High Court Case Could Reshape Local Development Fees
If last month's oral arguments are any indication of how the U.S. Supreme Court will rule in Sheetz v. County of El Dorado, it's unlikely the justices will hold that the essential nexus and rough proportionality tests under the cases of Nollan, Dolan and Koontz apply to legislative exactions, but a sweeping decision would still be the natural progression in the line of cases giving property owners takings claims, says Phillip Babich at Reed Smith.
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White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'
Because prosecutors are not required to disclose exculpatory evidence during plea negotiations, white collar defendants often enter into plea deals that don’t meet the U.S. Supreme Court’s “knowing” and “voluntary” standard for trials — but individual courts and solutions judges could rectify the issue, says Sara Kropf at Kropf Moseley.
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How 2 CFPB Advisory Opinions Affect Reporting Agencies
The Consumer Financial Protection Bureau issued two advisory opinions last month that demonstrate a continued commitment to address inaccuracies in background check reports and consumer file disclosures through broad interpretation of the Fair Credit Reporting Act, expanding on a coordinated federal agency effort, say attorneys at Cooley.
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Algorithmic Pricing Programs Caught In Antitrust Crosshairs
The Justice Department's investigation into software company RealPage follows a host of federal antitrust cases alleging that property owners and casino hotel operators use the same proprietary software programs to fix and maintain pricing, which means algorithmic pricing programs are considered a key price-fixing tool in the digital age, say attorneys at Ballard Spahr.
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A Welcome Turning Of The Page For Residential Real Estate
After one of the most challenging years on record for residential real estate, 2024 will likely be a time of transition to a stabler business climate, as sellers lose some of their excess bargaining power and the pace of sales picks up, says Marty Green at Polunsky Beitel.
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Strict Duty To Indemnify Ruling Bucks Recent Trend
A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.
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Ill. Insurance Ruling Helps Developers, Community Orgs. Alike
The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.
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NJ Foreclosure Law Will Have Multifaceted Impact On Lenders
New Jersey's A.B. 5664 introduces significant reforms to foreclosure proceedings in the state, potentially lessening the burden on lenders and servicers to maintain foreclosed properties, but also brings new limitations and time frames, say Christina Livorsi and Wael Amer at Day Pitney.
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11 Noteworthy CFPB Developments From 2023
Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.
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Insured Takeaways From 10th Circ. Interrelated Claims Ruling
The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.