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Real Estate & Construction Updates

Read Real Estate & Construction law updates, news, and legal analysis from leading lawyers and law firms:

Agencies to Propose Amending CRA Regulations to Conform to HMDA Regulation Changes, and Remove References to the Neighborhood...

On September 13, 2017, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency jointly released proposed changes to each agency’s...more

Florida Development Permits Eligible for Extension Due to Hurricane Irma

by Holland & Knight LLP on

A permit and development order extension opportunity is available as a result of the threat posed to Florida by the recent Hurricane Irma. Holders of certain development orders can request at least an additional six months to...more

Judicial Estoppel Defense in Bankruptcy Claims Likely to Get More Difficult

A recent decision from the Court of Appeals for the Eleventh Circuit has impaired a valuable defense for early dismissal or settlement with bankrupt plaintiffs. This decision will affect strategy for mortgage originators,...more

Chris Lazarini Provides Insight on Lawsuit Dismissal on Res Judicata Grounds

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a lawsuit involving a former broker of Wells Fargo who sued the firm in state court for fraud and personal injury when the company initiated a foreclosure action...more

Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Summary judgment: trial court erred by denying borrower’s motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing...more

Important Lessons for Mortgage Lenders in Delaware

by Pepper Hamilton LLP on

In a recent opinion, the Supreme Court of Delaware held that a mortgage holder must be entitled to enforce the underlying obligation that secures the mortgage in order to foreclose on the mortgage. As a result of the court’s...more

Alarming Trend Continues with Weymouth Condo Fire

by Zelle LLP on

Yet another under-construction residential complex nearing completion has been ravaged by fire, this time in the South Shore community of Weymouth, Massachusetts. In the early morning hours of Sept. 14, a four-alarm fire at...more

Hurricane Recovery Contractors Beware

by Bass, Berry & Sims PLC on

The level of devastation caused by Hurricanes Harvey and Irma in Texas and Florida, respectively, is estimated to have caused $150-200 billion in damages. With this devastation comes a multibillion-dollar recovery effort that...more

Court Awards Nearly $280 Million in Treble Damages Against Former FHA Lender

by Goodwin on

On September 14, 2017, the U.S. District Court for the Southern District of Texas issued an opinion and order against two former mortgage companies and their former president and CEO. The order, which followed a previous jury...more

Additional guidance from HUD/Freddie/Fannie/Ginnie/VA on mortgage-related disaster relief for hurricane victims

by Ballard Spahr LLP on

In addition to the guidance regarding Hurricane Harvey disaster relief, the housing agencies and government-sponsored enterprises (GSEs) recently addressed the mortgage-related relief available to victims of both Hurricane...more

You Can’t Ignore RESPA Section 8(c)

by Foley & Lardner LLP on

It’s been over a year since the Consumer Financial Protection Bureau (CFPB) turned the real estate settlement services industry on its head by announcing in its first ever administrative appeal that Section 8(c) of the Real...more

Potential Remedy for Addicks & Barker Reservoir Release Victims

by Strasburger & Price, LLP on

On August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane, settling in the lower Texas gulf coast and inundating southeast Texas with almost 50 inches of water over a four-day period. The storm caused...more

Desperate for Offsetting Tax Revenue, Trump looks to Tax your 401(k) and Remove your deduction for Mortgage Interest

by Bowditch & Dewey on

Desperate for an accomplishment in this first year of Republican control of the federal government, the Trump administration is floating two ideas that seem on their faces to be non-starters. One, taxing 401(k) contributions...more

Selling or Buying an HUD Financed Nursing Home or Assisted Living: A Baker's Dozen Tips for TPA Transactions

by Baker Ober Health Law on

Interest rates are on the rise after being low for so long. Owners have taken advantage of those long-term, low fixed-rate loans insured under HUD Section 232 in record numbers. It is possible to keep those below-market loans...more

OTA & Travel Distribution Update - Sep. 8th, 2017

by Garvey Schubert Barer on

This week’s update features a number of traditional “distributor” stories and updates on short-term rentals. We elected not to include a story involving the much-publicized leadership changes at Expedia (and Uber) as I’m sure...more

New Scottish private residential tenancy regime to come into force on 1 December 2017

by DLA Piper on

Regulations have been published confirming that the new form of Scottish residential tenancy (known as the "private residential tenancy" (or "PRT")) will be introduced on 1 December 2017, being the date on which the main...more

Opportunities in Affordable Seniors Housing

Daryl Carter recently published an interesting article in Seniors Housing Business regarding what he sees as opportunities for addressing “the overwhelming need for affordable seniors housing in today’s market."...more

Iowa Transitions Division of Banking Licenses to NMLS

by Ballard Spahr LLP on

On October 1, 2017, the Iowa Division of Banking will require the following licensees to submit a license transition request via NMLS...more

[Event] Nossaman's 2017 California Coastal Law Conference - October 10th, La Jolla, CA

by Nossaman LLP on

Nossaman LLP invites you to join us for the 3rd Coastal Law Conference at The Lodge at Torrey Pines in San Diego. This in-depth seminar will feature officials from the California Coastal Commission and State Lands Commission,...more

HUD Reminds Us of RAD HAP Effective Date Flexibility

by Ballard Spahr LLP on

As we head into the fourth quarter, HUD sent out an e-mail reminder Friday afternoon about flexibility when establishing Housing Assistance Payments (HAP) contract effective dates in Rental Assistance Demonstration (RAD)...more

Arizona Court of Appeals Awards Attorneys’ Fees in Quiet-Title Action

by Snell & Wilmer on

In Arizona, a party successfully quieting title to property may recover its attorneys’ fees if it satisfies three requirements: (1) the party requests a quitclaim deed from the party adversely claiming title twenty days...more

Renewable Energy Update - September 2017 #2

by Allen Matkins on

Renewable Energy Focus - U.S. solar installations rise despite drop in residential market - Reuter - Sep 11 - U.S. solar installations rose 8 percent in the second quarter as robust utility demand offset a sharp...more

Arkansas Requiring Amended Surety Bonds

by Ballard Spahr LLP on

Prior to the approval of their renewal request for the 2018 calendar year, Arkansas licensed mortgage companies and money transmitters must reissue their surety bonds to reflect the amended bond requirements adopted in March...more

DOJ Settles Familial Status Fair Housing Act Case For $95,000

by Fox Rothschild LLP on

Last week, the U.S. Department of Justice (DOJ) announced that it settled yet another Fair Housing Act (FHA) case, this time for a total of $95,000. In a case from Washington state, the owners/managers of three apartment...more

The Texas Tree Mitigation Fee Credit Bill is Resurrected from the Dead

by Jackson Walker on

Many developers must remove existing trees in order to build new homes or buildings. Some cities have required developers to pay fees, known as tree mitigation fees, as a condition for permitting the removal of the trees....more

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