Residential
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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
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.
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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
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.
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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.Â
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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.
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August 26, 2025
Buchalter Adds Ex-Carlton Fields Attys To LA Office
Buchalter has hired two former Carlton Fields attorneys as shareholders for its corporate team in Los Angeles, and one of the announced hires is returning to the firm after almost 30 years.
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August 25, 2025
Nationstar Loan Payoff Statement Fees OK'd By Wash. Judge
A Washington federal judge has sided with Nationstar in a proposed class action alleging illegal fees, recognizing the home loan servicer is allowed to charge a "reasonable fee" for expedited delivery of a loan payoff statement upon request.
Expert Analysis
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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.
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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 sa¹ú¼Ê´«Ã½ 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 sa¹ú¼Ê´«Ã½ 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.