Mergers & Acquisitions Residential Real Estate

Read Mergers & Acquisitions Law updates, articles, and legal commentary from leading lawyers and law firms:
News & Analysis as of

BIG DEAL MONDAY: Summer Deals Heating Up the Market

Our friends at Senior Housing News (www.seniorhousingnews.com) have reported on a number of recent transactions that show the senior housing market continues to be hot, just like the summer weather here in Florida!...more

FTC’s New Interpretation of Hart-Scott-Rodino Investment Property Exemption May Disrupt Industries Structured Around Prior...

The Federal Trade Commission’s Bureau of Competition Premerger Notification Staff has announced that Hart-Scott-Rodino Rule 802.5 (the “investment rental property exemption”) will no longer be available if the buyer...more

Community Banking Excellence - Issue One 2015

In This Issue: - Another Perspective - Facing Merger Challenges. In 5, 4, 3, 2, 1.... - Real Property 101 for Community Bankers in the Spilman Footprint - Facet One of Social Media and Community Banks - Employees...more

Buying a Distressed Residential Subdivision: Are You Getting In Over Your Head?

There are many ways to acquire a distressed residential subdivision for what may seem to be a bargain price. Whether an investor is buying the property at a foreclosure sale or purchasing a defaulted mortgage loan on the...more

Georgia Banking Regulator Revokes License of Pennsylvania Mortgage Lender

On April 13, the Georgia Department of Banking and Finance (Department) entered into a Consent Order (Order) with a Pennsylvania-based mortgage lender and its owners for failing to file a timely application with the state...more

Zillow Acquires Trulia

This Monday, online real estate listing company Zillow announced that it will acquire its biggest competitor, Trulia, in a stock-for-stock purchase transaction. The acquisition has already raised the stock values of both...more

M&A Brokers – What About George Babbitt?

Yesterday’s post mentioned a California broker-dealer exemption for mergers and acquisitions specialists – Rule 260.204.5. One astute and observant reader pointed out that California’s Real Estate Law may also be an issue. ...more

SEC Approves Advertised Rule 506 Offerings

Final regulations allowing advertised Rule 506 offerings. ...more

Fannie Mae, Freddie Mac Directed To Purchase Only QM Loans

On May 6, the FHFA announced that Fannie Mae and Freddie Mac must limit their future mortgage acquisitions to loans that meet the requirements for qualified mortgages under the CFPB’s January 2013 ability-to-repay/qualified...more

Successor Banks of FDIC assets Not so Jolly after Jolley - A New Duty to Investigate?

A recent California case appears to contradict the general rule holding that a successor bank that has acquired a commercial loan through an FDIC receivership may owe a duty to a commercial borrower to reasonably investigate...more

Proceed with Caution when Considering the Acquisition of a Busted Deal

Do not underestimate the importance of due diligence when evaluating the acquisition of a busted deal. In the world of land use and zoning, a busted deal is a planned real estate development that has failed, and the future of...more

"Specialty Finance Mergers and Acquisitions: Developments and Considerations"

In a rapidly evolving financial services landscape, mergers and acquisitions activity in the specialty finance sector was robust in 2012 and early 2013, and the pipeline for transactions in this space continues to be strong....more

Using Rule 506 for Raising Money

Helpful advice for using Rule 506 for raising money....more

Public Advertising of California Qualification by Permit Offerings

Although it takes more time and effort than other types of offerings, a California qualification by permit (25113) offering has major advantages in terms of allowing public advertising and having low investor requirements. ...more

Acquisition and Rehabilitation Opportunities: Projects with an Expiring Nine Percent Tax Credit Compliance Period

Residential rental projects financed with “9%” low income housing tax credits in the late 1990’s or early 2000’s offer, or will soon offer, special opportunities for acquisition/rehabilitation financing with tax exempt bonds...more

2012 Real Estate Activities around the Globe

As some real estate markets of the world are beginning to rebound, and others continue their path to recovery, Orrick’s international team of real estate practitioners has been at the center of much of this activity advising...more

Mortgage Banking Update - September 07, 2012

In This Issue: - DOJ Settles 'Pattern or Practice' Fair Lending Case - Federal Courts Reject FDCPA Claims Based on Communication with Debtor’s Attorney and Attempt To Collect Debt Disputed with Prior...more

Legal Byte: Busted! if you “approve as to form & content?”

After negotiating an agreement for his client John, Attorney signs the agreement at the end stating that the agreement is “approved as to form and content.” A dispute arises between John and the other party, Mike. Now Mike...more

Mortgage Banking Update - August 09, 2012

In This Issue: - August Deadline for AML Compliance Is Here - 10th Circuit Court of Appeals: MERS Can Assign Deeds of Trust; Sending Letter To Lender is Insufficient To Assert Rescission Rights Under TILA -...more

Nationstar Acquires Aurora Bank Servicing Rights

Acquisition May Be of Interest to Originators/Correspondents Nationstar Mortgage LLC, an indirectly-held, wholly-owned subsidiary of Nationstar Mortgage Holdings Inc., has completed its acquisition of approximately $63.7...more

Mortgage Banking Update - July 12, 2012

In This Issue: - CFPB Proposes Amendments to RESPA and TILA - Defects in Chain of Title Must Be Raised Prior to Foreclosure - Borrower May Sue Over Lender’s Failure To Contact Prior to Foreclosure, California...more

“Sophisticated Investors” – how to determine; by Bruce E. Methven

Several securities-offering exemptions allow “sophisticated investors” to invest. The question is how to determine when potential investors are sophisticated. ...more

Mortgage Banking Update - May 10, 2012

In This Issue: - Borrower May Sue after Three Years to Rescind Mortgage Loan, 4th Circuit Rules - Mortgage Insurer Settles DOJ Discrimination Suit -HUD Face-To-Face Meeting Rule Gets Expansive Reading from...more

Morguard Corporation v. The Queen – When will a “break fee” be considered income?

In Morguard Corporation v. The Queen, 2012 TCC 55, Justice Boyle of the Tax Court of Canada considered whether a “break fee” received by a predecessor of the Appellant (for the purposes of this discussion, the “Appellant”) in...more

New Trend on China Real Estate Finance—Analysis on Real Estate Trusts and Private Equity Investment

Generally speaking, there are four types of resource of real estate finance, which are from banks, security market, trusts and funds. With the tightening controls the central government is taking toward developers on real...more

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