Real Estate Investments

News & Analysis as of

Real Estate Gazette: a focus on real estate investment in emerging markets - financing of affordable housing in Africa; real...

A very warm welcome to all our readers to Issue 20 of the Real Estate Gazette. In this issue, we are turning the spotlight on questions relating to real estate and Emerging Markets. The term “Emerging Markets”...more

First Regulation A+ Offering Document Appears on EDGAR

Perhaps the first Regulation A+ offering document has appeared on EDGAR. According to the documents it is a Tier 2 offering for up to $50,000,000. The offering circular states the offering commenced on June 19, 2015. The...more

Open for Business: Who's Investing in Latin America [Video]

Latin America is open for business and the world is taking notice. Foley Partner Jeffery Atkin outlines which countries are actively taking on development projects in Latin America and how the culture is affecting the way...more

Asset-Light Strategy Issues in the Development Space

While asset-light strategies have been used for decades in the hotel industry, the strategy and how to implement it are a bit more complicated in the development space, whether for a hotel or time-share company. A typical...more

Estate Planning Pitfall: Your IRA owns real estate

Most people invest their IRA funds in stocks, bonds and mutual funds. But others may opt for nontraditional investments, such as real estate, in the hope of boosting their returns. As this article details, when choosing to...more

Substantial Amendments to the Condominium Act will impact Condominium Developers and Corporations

The Province of Ontario recently introduced Bill 106, Protecting Condominium Owners Act, 2015, to amend the Condominium Act, 1998, largely in response to the immense growth and change in the condominium sector in Ontario in...more

Insight on Estate Planning - June/July 2015

In This Issue: - The basics of basis: Basis planning can result in significant tax savings - Does a private annuity have a place in your estate plan? - Estate tax relief for family businesses - Estate Planning...more

Asset-Light

While asset-light strategies have been utilized for decades in the hotel industry, the strategy and how to implement it are a bit more complicated in the development space, whether for a hotel or time-share company. A typical...more

CFPB Targets Real Estate Developer in Recent Enforcement Action

The Consumer Financial Protection Bureau (CFPB) recently entered into a consent order against International Land Consultants, Inc. (ILC), a real estate development company, and four of its employees involved in the marketing,...more

New Requirement to File BE-10: Benchmark Survey of U.S. Direct Investment Abroad

Any U.S. person with a foreign affiliate is required to file the 2014 Form BE-10, Benchmark Survey of U.S. Direct Investment Abroad by June 30, 2015 or face civil penalties between $2,500 and $25,000. Further, a willful...more

Three Recent Supreme Court Rulings Will Impact Lenders and Investors

Three significant opinions issued by the US Supreme Court in the last few months will impact lenders and investors. Bank of America v. Caulkett - In a major win for the nation’s mortgage lenders and...more

How New SEC Focus Will Affect SFL Real Estate Private Equity

South Florida real estate private equity funds: take note of a recent speech by Marc Wyatt, SEC Director of Compliance, following up on previous concerns expressed regarding fees and expenses for private equity funds. ...more

Ski Lift Towers Held to Be Good REIT Asset

In order to qualify for the tax advantages available for real estate investment trusts (“REITs”), the majority of a REIT’s assets must qualify as “real property”. As the areas that REITs are investing in continue to grow, we...more

Global Trends in Insurance M&A in 2014 and Beyond

Looking back on 2014: The return of the billion dollar transactions - In recent years, insurance companies have largely focused on improving their performance by cutting costs amidst a slow post-global financial crisis...more

Seller Financing After Dodd-Frank

The provisions of Dodd-Frank have been in place just under a year and a half, having come into effect on January 10, 2014, and the provisions of the law that concern seller financing of real estate made significant changes as...more

The SEC’s Current Views on Private Equity OCIE is still focused on fees and expenses, but also is turning its attention to real...

As a follow-up to last year’s “Spreading Sunshine in Private Equity” speech, in which then-OCIE Director Andrew Bowden stated that the SEC had found that more than half of the funds examined by OCIE had allocated expenses and...more

The Essential Guide to UK Real Estate

This Essential Guide provides an overview of the legal and regulatory issues likely to affect developers, occupiers and investors in UK real estate. Real estate - Real estate law in England and Wales can trace...more

Non-U.S. Companies Should Use Caution When Investing in U.S. “Agricultural Land”

A non-U.S. company that buys or sells U.S. real estate that is or once was used for agricultural purposes may face reporting requirements in connection with such transactions. These reporting obligations might apply whether...more

What You Can Learn from Dave Ramsey’s Bankruptcy

Today I attended the 2015 Bankruptcy Leadership Summit in Nashville, Tennessee at the Dave Ramsey headquarters. In his introductory remarks this morning Dave Ramsey discussed his own bankruptcy that he filed years ago to...more

DOJ Criminal Cartel Enforcement: Six-Month Summary, Part II

This is the second installment in our coverage of the DOJ’s recent criminal cartel enforcement actions. Over the last six months, more than fifty individuals have pleaded guilty as a result of the DOJ’s antitrust...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

Locke Lord QuickStudy: Tax Code Amendments Proposed to Facilitate Foreign Investment in REITs and U.S. Commercial Properties

On April 30, 2015, Representatives Kevin Brady (R-TX) and Joe Crowley (D-NY), both members of the U.S. House Ways & Means Committee, introduced legislation intended to encourage foreign investment in United States real...more

FinCEN Flexes Its Muscles

The Treasury Department’s Financial Crimes Enforcement Network has been flexing its muscles lately to remind everyone of its important role in money laundering enforcement. Jennifer Shasky, the current Director, a former...more

FinCEN Eyes Real Estate Industry For Money Laundering Concerns

On May 6, FinCen Director Jennifer Calvery delivered remarks at the West Coast AML Forum, highlighting the agency’s increased focus to ensure transparency within the U.S. financial system. In her remarks, Calvery addressed...more

What to Do in a Boom to Prepare for a Bust

With the Great Recession fading into the past, and 2015 shaping up to be a boom year in real estate, there is a temptation for real estate developers and investors—eternal optimists—to extrapolate from a few good years into...more

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