Residential
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August 29, 2025
8th Circ.'s 'Erie Guess' Affirms Apt. Co.'s $27M Insurance Win
A partially split Eighth Circuit panel affirmed an apartment complex's $27 million jury award against Travelers Insurance, holding that an expert's testimony about the presence of carcinogenetic soot is sufficient to support the verdict that a fire on the property caused "direct physical loss of or damage to" unburned sections.
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August 29, 2025
Emigrant Seeks High Court Review Of 'Reverse Redlining' Suit
Emigrant Mortgage Co. has asked the U.S. Supreme Court to review a Second Circuit decision upholding a jury verdict that found the company engaged in "reverse redlining" by targeting Black and Latino homeowners with predatory loans, arguing the appeals court broke with other circuits and made it too easy for borrowers to sue and prove disparate impact.
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August 29, 2025
Colo. Man Has Extra Time To Redeem Property, Court Says
A Colorado man whose property was subject to a tax auction is allowed to redeem the property outside the three-year statute of limitations, a state appeals court said, finding he had a disability that qualified him for an extended, nine-year time period.
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August 29, 2025
NY Tenants Claim Cos. Hiked Rents, Abused Tax Exemption
A multifamily real estate company and a property owner were accused by a proposed class in New York state court of illegally raising rents for Long Island City residential tenants by taking advantage of the state's 421-a tax-exemption program.
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August 28, 2025
Katrina's Insurance Lessons Ever Relevant 20 Years Later
Hurricane Katrina's landfall in New Orleans 20 years ago was an unprecedented catastrophe that resulted in financial consequences and insurance lessons that are more relevant today than ever, as fossil fuel-induced climate change promises more intense storms, experts say.
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August 28, 2025
Attys, Judge Mull Next Steps In 'Ugly House' Trademark Trial
A Delaware federal judge took a stab on Thursday at focusing post-trial briefing after three days of testimony on home-selling franchise HomeVestors of America Inc.'s claims that Warner Bros. Discovery's "Ugliest House In America" series has infringed its trademarks and confused customers.
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August 28, 2025
Texas House OKs Lower Voter-Approval Property Tax Rate
Texas would lower its maximum property tax rate permitted by law without voter approval for larger taxing jurisdictions under a bill passed by the state House of Representatives.
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August 28, 2025
Federal Reserve Gov. Lisa Cook Sues Trump To Block Firing
Federal Reserve Gov. Lisa Cook filed suit in federal court in Washington, D.C., on Thursday challenging President Donald Trump's "unprecedented and illegal attempt" to remove her from her position.
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August 27, 2025
Citizens Say FinCEN's Real Estate Transfer Rule Unlawful
Two citizens asked a Texas federal judge to throw out FinCEN's rule requiring disclosure of residential real estate transfers to corporate entities and trusts even when no money changes hands, saying the rule runs afoul of the Constitution.
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August 27, 2025
Colorado Sues Mobile Home Park Over Unsafe Drinking Water
Colorado health officials told a state judge on Wednesday that a local mobile home park's drinking water tested positive for potentially dangerous bacteria, and the mobile home park is violating state law by ignoring mandated further testing and refusing to notify residents of the test results.
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August 27, 2025
Fla. Appeals Court Affirms FDOT's Win In Easement Spat
A Florida appeals court on Wednesday found that a Miami property owner failed to show proof of an easement that would grant her access to a parcel of land owned by the Florida Department of Transportation, affirming a win for the agency.
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August 27, 2025
Ga. Justices Back Income Approach For Low-Income Housing
County tax assessors in Georgia may use a method known as the income approach to determine the fair market value of properties that qualify for federal low-income housing tax credits, the state Supreme Court ruled, reversing an appeals court finding.
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August 27, 2025
Widow Wasn't Forced Into Sewage Settlement, 4th Circ. Told
The city of Charlotte, North Carolina, told the Fourth Circuit it did not pressure a widow to settle her property damage claims stemming from a sewage backup in her home, saying she was represented by a lawyer and was in good mental and physical health when she accepted the deal.
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August 27, 2025
Howard & Howard Hires Condo Law Pro
Howard & Howard has announced the firm added a real estate transactional and litigation expert, who is joining its Chicago office from a two-partner practice.
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August 27, 2025
NJ Panel Backs Co.'s Single-Family Subdivision Project
A New Jersey appellate court on Wednesday backed a lower court order that vacated a township planning board's rejection of an application for a subdivision project with nine single-family lots.
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August 27, 2025
Contractors Looking To AI To Navigate Construction Tariffs
Construction contractors are increasingly leveraging the power of artificial intelligence and technology to navigate the headwinds and uncertainty that have come with President Donald Trump's trade war, a technology executive recently told Law360 Real Estate Authority.
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August 27, 2025
Jones Day Continues Real Estate Growth With McDermott Atty
Jones Day announced the latest addition to its real estate practice on Wednesday, welcoming a New York-based attorney from McDermott Will & Schulte LLP.
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August 27, 2025
Atty Eyes Chilling Effect From Texas Foreign Ownership Law
In the latest effort by states to deter foreign control of real estate, Texas has introduced a sweeping prohibition, effective Sept. 1, against certain countries owning real property in the state. Polsinelli shareholder Weston B. Rockers explains how deals could be structured going forward — and how the law may scramble existing transactions.
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August 26, 2025
Expedia Says 11th Circ. Ruling Dooms Helms-Burton Verdict
Expedia, Orbitz and Hotels.com tried to undo a $29.85 million verdict over Helms-Burton Act violations Tuesday, telling a Florida federal judge the plaintiff, who claims his family owned a Cuban barrier island before its seizure by Fidel Castro's government, does not meet the Eleventh Circuit's recently set standard.
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August 26, 2025
Expert Sees No 'Ugly House' Mixup In Warner Bros. IP Case
During the second day of trial in Delaware federal court, a trademark litigation survey expert testified she found no public confusion with respect to Warner Bros. Discovery Inc.'s "Ugliest House in America" series and HomeVestors Inc.'s house-flipping business and "Ugliest House of the Year" campaign.
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August 26, 2025
Ohio House Bills Seek To End Or Limit Property Taxes
Three bills introduced in the Ohio House of Representatives would eliminate property taxes by 2030, allow voters to introduce ballot initiatives to lower property taxes and increase the approval threshold for passage of certain property taxes.
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August 26, 2025
NYC Real Estate Week In Review
Fried Frank, Davis Polk and Seyfarth guided a Manhattan real estate deal north of $1 billion, the first 10-figure New York City deed that's hit records this year and one of three large trades that became public last week.
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August 26, 2025
Calif. Senate OKs New Tax Default Property Sales Rules
California county boards of supervisors would be required to take new steps before approving the sale of a tax-defaulted property under a bill passed by the state Senate.
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August 26, 2025
1st Circ. Says Insurer Owes No Defense In Eviction Suits
A Liberty Mutual unit has no duty to defend a commercial real estate loan provider in underlying suits over the eviction of residents from a Massachusetts senior care facility, the First Circuit ruled, finding the insurer's denial of coverage to be reasonable.
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August 26, 2025
Fed's Lisa Cook Preps Lawsuit Over Trump Firing
Federal Reserve Gov. Lisa Cook is preparing to file a lawsuit over President Donald Trump's announcement that she has been terminated from her position, allegedly for committing mortgage fraud, her lawyer said Tuesday.

Dems Urge FHFA Director To Focus On Housing Costs
Democratic senators on Friday urged Federal Housing Finance Agency Director William Pulte to focus on measures to bring housing costs down — including by forestalling any privatization of Fannie Mae and Freddie Mac — while lambasting Pulte for his role in the firing of Federal Reserve Gov. Lisa Cook.

Amenity Wars, Conversions Steer Student Housing Strategies
Attorneys advising on student housing deals say the sector's momentum has not been dampened by pressures on higher education, as colleges and universities across the country look to build, convert or lease more student housing and compete on amenities.

Attys Navigate Tangle Of Transit-Oriented Zoning In Miami
The Miami City Commission's recent approval of a new category of transit-oriented zoning has added another layer to a rapidly changing, increasingly complex web of regulations and incentives that real estate attorneys must consider when guiding development projects in the city.
Expert Analysis
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Navigating The New Playbook For SBA 504 Loans
As the U.S. Small Business Administration 504 loan program’s relevance grows amid climbing foreclosure activity, regulatory changes and a notable ruling from the Eighth Circuit are reshaping origination and workout strategies, highlighting the need for a national framework to improve resolutions, protect recoveries and support small businesses, says Casey Sieck at Day Pitney.
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5 Critical Changes Coming To Bankruptcy Rule 3002.1
Residential mortgage lenders and servicers should prepare for significant amendments to Bankruptcy Rule 3002.1 taking effect this December that will impose new filing requirements, codify how creditors handle untimely payment change notices and allow debtors to request status updates, say attorneys at Bradley Arant.
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Opportunity Zone Overhaul Is Good News For Investors
Recently enacted reforms making the qualified opportunity zone program permanent, restoring the basis step-up for capital gains and adding flexibility to the zone designation process enhance the program’s appeal for long-term investment, says Steven Hadjilogiou at McDermott.
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Texas High Court Decision Could Reshape Contract Damages
The Texas Supreme Court recently held that an order of specific performance for a real property transaction doesn't preclude a damage award, establishing a damages test for this scenario while placing the onus on lower courts to correctly determine the proper remedies and quantum of damages, say attorneys at Fried Frank.
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Navigating The Complexities Of NYC Waterfront Development
More than a dozen city, state and federal agencies share oversight of New York City's waterfront, presenting developers and their counsel with both challenges and opportunities to shape the regional and national economy, say attorneys at HSF Kramer.
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New NY Residential Real Estate Rules May Be Overbroad
New legislation imposing a 90-day-waiting period and tax deduction restrictions on certain New York real estate investors may have broad effects and unintended consequences, creating impediments for a wide range of corporate and other transactions, says Libin Zhang at Fried Frank.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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What Developers Can Glean From Miami Condo Ruling
A Florida state appeals court's recent denial of a Miami condo redevelopment bid offers a detailed blueprint of what future developers must address when they evaluate the condominium's governing declaration and seek to terminate a condominium, say attorneys at Shubin Law.
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6 Questions We Should Ask About The Trump Trade Deals
Whenever the text becomes available, certain questions will help determine whether the Trump administration’s trade deals with U.S. trading partners have been crafted to form durable economic relationships, or ephemeral ties likely to break upon interpretive disagreement or a change in political will, says Ted Posner at Baker Botts.
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CEQA Reform May Spur More Housing, But Devil Is In Details
A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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What Calif. Insurance Ruling Means For Smoke Damage Limits
As California continues to grapple with an increasing number of wildfire claims, a state court's recent Aliff v. California FAIR Plan decision serves as a clear directive to insurers that policy language that narrows the scope of fire coverage below the California Insurance Code's minimum standards is impermissible, say attorneys at Wood Smith.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.