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Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

CFPB Watch: MSAs Going the Way of Arbitration Clauses?

by MoFo Reenforcement on

Following a now familiar approach, the CFPB issued a bulletin today that suggests deep disapproval of an entirely legal practice. This time, its target is marketing servicing agreements (MSAs), which are agreements that...more

CFPB Sends Industry Letter on TRID

by MoFo Reenforcement on

On October 1, regulators including the CFPB sent a letter to mortgage industry trade groups regarding TRID. The letter states that...more

CFPB Issues Rule on Mortgage Guidelines for Special Classes of Creditors

by Reed Smith on

The Consumer Financial Protection Bureau (“CFPB”) this week issued a final rule making a series of changes to its mortgage guidelines for small creditors and creditors in rural and underserved communities....more

Amendments Relating to Small Creditors and Rural or Underserved Areas Under the Truth in Lending Act (Regulation Z)

by MoFo Reenforcement on

The CFPB is amending certain mortgage rules issued by the Bureau in 2013. This final rule revises the Bureau’s regulatory definitions of small creditor, and rural and underserved areas, for purposes of certain special...more

Ninth Circuit Finds CFPB Interpretation of RESPA Provision Not Entitled to Deference

by MoFo Reenforcement on

On August 24, 2015, the Ninth Circuit found that the CFPB’s interpretation offered in an amicus brief of 12 U.S.C. § 2607(c)(2) of the Real Estate Settlement Procedures Act (RESPA) was not entitled to Chevron deference...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

CFPB Officially Moves TRID Effective Date To October 3

by Ballard Spahr LLP on

The CFPB has issued a final rule postponing the effective date for all provisions of the TILA-RESPA Final Rule and Amendments to October 3, 2015. The final rule also includes certain technical amendments to reflect the new...more

CFPB Targets Real Estate Developer in Recent Enforcement Action

by McGuireWoods LLP on

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

A Bit of Grace

by Foley & Lardner LLP on

The Consumer Financial Protection Bureau (CFPB) has finally agreed to bend under the strain of numerous requests from financial industry participants and 255 bi-partisan House members and 41 senators, who requested that the...more

Are Airbnb Hosts Regulated by the CPSC? Short-Term Rental Properties May Require Compliance with Pool & Spa Safety Laws

In the wake of the tragic drowning of Virginia Graeme Baker, granddaughter of former Secretary of State James Baker, Congress passed and President Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act. The...more

Amendments to Section 32 of the Sale of Land Act 1962 (Vic)

by K&L Gates LLP on

The Sale of Land Amendment Act 2014 (Vic) (Act) will amend the Sale of Land Act 1962 (Vic) (SLA). The objective of the Act is to re-enact, reform and modernise the provisions relating to statements made under section 32,...more

CFPB Releases Final RESPA-TILA Integrated Disclosures Rule

by Ballard Spahr LLP on

On November 20, the Consumer Financial Protection Bureau released the nearly 1,900-page final RESPA-TILA Integrated Disclosures Rule. The rule will be effective for applications received on or after August 1, 2015. The...more

N.J.’s Supreme Court Weighs In On Proper Measure of Damages under the Consumer Fraud Act and Interrelationship Between...

by Kevin O'Connor on

In D’Agostino v. Maldonado, 2013 WL 5476857 (Oct. 3, 2013), the New Jersey Supreme Court weighed in on whether the New Jersey Consumer Fraud Act ("CFA") could be triggered by a complex real estate deal between a purported...more

Federal Reserve Bank of Dallas Staff Papers: How Bad Was It? The Costs and Consequences of the 2007–09 Financial Crisis

by Barry Fagan on

Federal Reserve Bank of Dallas Staff Papers The Costs and Consequences of the 2007–09 Financial Crisis The Financial Crisis Cost More Than $14 Trillion: Dallas Fed Study The financial crisis likely cost at least a...more

PRC Legal Alert--New Measures for Senior Care Facility

by Qin Qu on

As of 1st July, the Ministry of Civil Affairs has implemented two Measures to regulate the establishment and operation of senior care facilities. Our careful review finds the Measures are very welcome and encouraging...more

Where is China CCRC's Industry

by Qin Qu on

In this article, we will discuss on the topic of: --What’s Happening in the Marketplace in China? --The History and Development of CCRCs in the U.S. --Fee Structures for CCRCs --Financial, Regulatory and...more

A Familiar Shadow: Anticipating CFPB’s Impact On Commercial Lending

by Winstead PC on

The July 2013 issue of the “Mortgage Banking” magazine focuses on the Consumer Financial Protection Bureau (or “CFPB”). The coverline is this: “CFPB – A Powerful New Overseer.”...more

Comment Period on the Integrated Mortgage Disclosure Rules Ends November 6, 2012 by Brian Gallogly, Esq.

by Partridge Snow & Hahn LLP on

As a component of its “Know Before You Owe” project and pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), the Consumer Finance Protection Bureau (the “CFPB”) issued its proposed...more

Comment Period on the Integrated Mortgage Disclosure Rules Ends November 6, 2012 by Brian Gallogly, Esq.

by Partridge Snow & Hahn LLP on

As a component of its “Know Before You Owe” project and pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), the Consumer Finance Protection Bureau (the “CFPB”) issued its proposed...more

New State Bill Aims To Make Solar Power A Reality For Renters

Homeowners and renters in California may soon be able to access solar or other renewable energy from community based self-generation programs as an alternative to the power grids offered by the state’s three major public...more

You owe, you owe, How much I'd like to know

by Ksena Court on

Does disclosure of a mortgage balance to a subsequent mortgagee violate the mortgagor's privacy rights? A recent Alberta decision says no....more

Ten Most Important Aspects in Admission Contract of Senior Care Facility

by Qin Qu on

With increasing supply in the Chinese marketplace of senior care facilities, expertise in the operating management is highly urged. The admission contract is one of the essential parts of this management. Having seen poorly...more

More Implementation Opinions from Ministry of Civil Affairs on Senior Living

by Qin Qu on

On this July 24, the Ministry of Civil Affairs issued Implementation Opinions on Encouraging and Guiding Private Capital to Invest in the Senior Living Service Industry (the “Opinions”). With little special or surprising, the...more

CALIFORNIA HOMEOWNERS BILL OF RIGHTS: CALIFORNIA SENATE BILL No. 1474 RE: CONVENING GRAND JURY FOR MORTGAGE FRAUD

by Barry Fagan on

CALIFORNIA SENATE BILL No. 1474 CHAPTER 568 An act to amend Sections 781 and 923 of the Penal Code, relating to grand jury proceedings. Approved by Governor September 25, 2012. Filed Secretary of State September 25,...more

Condominio verso la Riforma il punto di osservazione dalla parte del Condomino e Consumatore.

by Paolo Sorlini on

As the reform of Housing and Condominiums property is evolving, many uncertainties still challenging a steady settlement of the charachters involved : Builders, Administrators, and owners....more

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