Residential
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July 08, 2025
Insurer Fights Coverage For $13M Townhome Arbitration Row
An insurer told a Washington federal court it has no duty to defend or indemnify a developer facing a nearly $13 million arbitration demand from a construction lender, which claims the developer misrepresented the completion of underground facilities at a Seattle townhome project while requesting funds for the work.
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July 08, 2025
Tax Court Says IRS Offer In $57M Easement Case Isn't Binding
A settlement offer the Internal Revenue Service said it mistakenly made to a partnership after rejecting its $57 million conservation easement deduction is not binding, the U.S. Tax Court said Tuesday, declining the partnership's request to enforce the deal.
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July 08, 2025
4 Firms Guide BlackRock's ElmTree Acquisition Deal
BlackRock Inc. will acquire net lease real estate investment firm ElmTree Funds, which oversees $7.3 billion worth of assets as of March 31, in a deal guided by Skadden Arps Slate Meagher & Flom LLP, Fried Frank Harris Shriver & Jacobson LLP, Sidley Austin LLP and Kirkland & Ellis LLP, BlackRock announced.
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July 08, 2025
NY Developer Accuses Atty, Others Of $3M Investment Fraud
A New York developer and his business have filed a lawsuit in federal court accusing several companies, a law firm and others of defrauding him out of more than $3 million in an investment fraud scheme, saying they made false promises of "extraordinary returns" from purportedly monetizing certain letters of credit.
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July 08, 2025
NYC Real Estate Week In Review
Bleakley Platt and Waxman Law are among the law firms that helped with the largest New York City real estate deals that became public last week, with a nine-figure Queens trade leading the way.
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July 08, 2025
NYC Seeks To Keep Broker Fee Ban Over Injunction Ask
New York City told a federal judge that a group of real estate interests, landlords and brokers failed to present a compelling case for blocking a law preventing landlords from passing on broker fees to tenants less than a month after the provision took effect.
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July 08, 2025
Michigan Halts Construction Code Rollout Amid Builders' Suit
Michigan has paused the implementation of a new residential construction code after homebuilders filed lawsuits claiming the adoption of the code violated state law and would drive up the price of homes.
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July 07, 2025
4th Circ. Revives SC Builder's Bid For Condo Repair Coverage
A Charleston builder will get a second chance at recouping the money it spent repairing a condo complex that flooded after the Fourth Circuit on Monday partially vacated a pretrial win favoring its insurer, finding there are still unanswered questions about whether certain costs might be covered under its policy.
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July 07, 2025
Colo. Church, Town Settle Zoning Dispute Over Homeless Aid
Castle Rock, Colorado, and a church located within the town have agreed to dismiss a suit that challenged the use of zoning regulations to prevent the church from allowing homeless families to park RVs and trailers in its parking lot.
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July 07, 2025
PHH Mortgage Loan Officers Urge NJ Court To Halt Calif. Deal
A California state court's decision to preliminarily approve a settlement in a case against PHH Mortgage would prevent California mortgage loan officers from pursuing their claims in their New Jersey federal court proceedings, two California workers told the New Jersey court.
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July 07, 2025
Maine Authorizes Task Force To Explore Property Tax Changes
Maine authorized the creation of a task force to explore the need for legislation and constitutional amendments to provide more effective property tax relief for residents under a bill signed by the governor.
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July 07, 2025
Fla. Condo Says Chubb Insurer Lowballed Hurricane Claim
A nonprofit Florida condominium owner is urging a federal court to reject a Chubb subsidiary's final summary judgment bid against the nonprofit's hurricane coverage suit, arguing that the insurer offered only $23,801 for property damage that eventually resulted in the nonprofit receiving an award of more than $7.2 million.
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July 07, 2025
Ga. Property Owner, Insurer Settle Burst Pipe Coverage Suit
A property owner and its insurer have agreed to settle a lawsuit in which the owner alleged it should have received coverage under a more than $30 million policy despite the insurer receiving late notice of property damage caused during a 2022 winter freeze.
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July 03, 2025
NY Co. Looks To Halt Arbitration Over $280M Loan Deal
A New York real estate company has sued an Australian finance broker in federal court, seeking emergency relief to halt an ongoing $11.2 million arbitration in Singapore stemming from an allegedly fraudulent scheme related to a $280 million loan for a luxury condo project in Tribeca.
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July 03, 2025
Detroit Hits Crypto Real Estate Co. With Major Nuisance Suit
The city of Detroit has sued Real Token LLC, a cryptocurrency real estate company, alleging it allowed hundreds of properties to fall into severe disrepair while incurring hundreds of thousands of dollars in unpaid blight fines and property taxes.
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July 03, 2025
NJ Panel Declines To Expand Residential Sidewalk Liability
A New Jersey appellate panel declined to expand the principles of sidewalk liability for commercial properties to a residential property that was unoccupied and undergoing renovations on Thursday, backing a lower court ruling that held the property was not used for investment nor to generate a profit.
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July 03, 2025
2 Firms Guide $325M NYC Apartments, Condos Loan
Property owner and manager Algin Management Co. LLC borrowed a $325 million loan from New York Life Insurance Co. for multiple New York City residential properties in a deal guided by Hunton Andrews Kurth LLP and Sheppard Mullin Richter & Hampton LLP.
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July 03, 2025
What Judges Might Ponder In Judicial Safety Law Challenge
A Third Circuit panel set to examine the constitutionality of a judicial safety law born out of the murder of a New Jersey federal judge's son is tasked with what experts are viewing as a lesser-of-two-evils choice: chilling free speech or chilling public service.
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July 03, 2025
Kentucky Accuses RealPage, Landlords Of Price-Fixing Rents
Kentucky has accused property management software company RealPage Inc. and multiple landlords of engaging in rent price-fixing, lodging similar antitrust claims against RealPage as the federal government, the District of Columbia and New Jersey.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
Residents Urge Judge To Redo Ruling Backing Alaska Casino
A group of Anchorage, Alaska, residents opposed to a plan to build a casino urged a federal judge to reconsider a ruling finding the Native Village of Eklutna has sovereign immunity and can't face a lawsuit seeking to block the development plan.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
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July 03, 2025
The Biggest Rulings From Mass. High Court So Far In 2025
Massachusetts' top court has tackled a controversial housing initiative, the thorny issue of qualified immunity for public employees and even a high-profile murder case in the first six months of 2025.
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July 02, 2025
As Senior Housing Evolves, Zoning Plays Catch-Up
Developing senior housing projects includes a number of unique legal complexities, according to land use attorneys. Zoning codes don’t always reflect modern senior housing, and projects must sometimes overcome community opposition. In response to a growing need, some cities and states are encouraging denser senior housing development.
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July 02, 2025
State Farm Investigation In Calif. Spotlights Adjuster Issues
A California regulatory investigation into State Farm's California subsidiary is spotlighting common issues in the insurance recovery process following major disasters, but experts also say that the insurer's high level of exposure opened it up to more consumer scrutiny.
Expert Analysis
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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.
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Proposed Mortgage Assistance Rule: Tips For Servicers
The Consumer Financial Protection Bureau's recent proposal to alter Regulation X mortgage servicing procedures to broadly construe requests for assistance, and stay foreclosure proceedings during loss mitigation review, will, if finalized, require mortgage servicers to make notable procedural changes to comply, says Louis Manetti at Locke Lord.
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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Fla. Insurer-Breach Cases Split On Unrepaired Property Issue
A Florida appellate court's recent decision in Universal v. Qureshi is directly at odds with a 2020 decision from another Florida appellate court, and raises important questions for policyholders and insurers about the proper measure of damages in breach claims involving unrepaired property, say Andrea DeField and Yaniel Abreu at Hunton.
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Colorado Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.
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In The CFPB Playbook: No Lazy, Hazy Days Of Summer
The Consumer Financial Protection Bureau is headed for a brisk fall season, on the heels of a heated summer, which included the U.S. Supreme Court's ruling that the CFPB funding structure is constitutional, and in advance of the November election, says Eamonn Moran at Holland & Knight.
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Basel Endgame Rules: A Change Is Coming
The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.
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Reassessing Lease Provisions To Account For ESG Initiatives
As companies seek to build ESG considerations into their businesses, it's crucial to understand how such initiatives can quickly become significant enough to compel reassessment of lease agreement provisions, and how best to modify leases accordingly, say Julian Freeman and Gabe Pitassi at Cox Castle.
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Avoid Getting Burned By Agencies' Solar Financing Spotlight
Recently coordinated reports and advisories from the U.S. Department of the Treasury, the Consumer Financial Protection Bureau and the Federal Trade Commission maximize the spotlight on the consumer solar financing market and highlight pitfalls for lenders to avoid in this burgeoning field, says Mercedes Tunstall at Cadwalader.