News & Analysis as of

Real Estate Market

Florida Homestead Protections Against Forced Sale Under Threat of Dilution

by Charles (Chuck) Rubin on

Once every 20 years, Florida convenes a Constitution Revision Commission (CRC) to review and make recommended changes to the Florida Constitution. Proposed changes are then put to Florida voters for approval or disapproval. A...more

Florida Court Rejects Property Insurer’s Effort To Limit Assignment Of Benefits

by Carlton Fields on

An assignment of benefits (AOB) is a legal tool that allows a third party to be paid for services performed for an insured property owner who would normally be reimbursed by the insurance company directly after making a...more

Mass. Appeals Court Clarifies Requirements For Extending Common-Scheme Real Estate Restrictions Beyond 30 Years

by Pierce Atwood LLP on

In its decision in Berger v. 2 Wyndcliff, LLC, the Massachusetts Appeals Court answered an important question about extending common-scheme real estate restrictions beyond the presumptive statutory limit of 30 years. ...more

Sustainable Development Update - November 2017 #3

by Allen Matkins on

Sustainable Development Focus - Greenprint report shows real estate industry continues to reduce energy consumption, carbon emissions, and water use - Urban Land - Nov 20 A new report from the ULI Greenprint Center for...more

CFPB Guidance on Serving LEP Consumers

by Ballard Spahr LLP on

Although the CFPB’s leadership transition rightfully remains top of mind for many of our readers, we wanted to recap two developments related to serving consumers who are Limited English Proficient (LEP). ...more

Five Key Takeaways From the 9th Annual Saul Ewing Arnstein & Lehr Real Estate Conference

While real estate investments are steady and new construction projects continue, a cross-section of industry players is looking to capitalize now on creative endeavors and fresh perspectives that will help sustain the...more

Florida’s Homestead Exemption Lives On Even After You’re Gone

by Fox Rothschild LLP on

Your primary residence in Florida (“Homestead”) can be a very useful tool for protection of assets from creditors during your life, and after your death for the benefit or your spouse and heirs. The Florida Constitution,...more

DC Proposed Regulations Modify Deed of Trust Recording Tax Exemptions

by Seyfarth Shaw LLP on

New regulations proposed by the District of Columbia affect the recordation tax exemptions for purchase money deeds of trust not recorded simultaneously with the deed, deeds of trust recorded to refinance construction loans...more

The Tax Reform Bills: Home Ownership, Purchases & Sales

by Lewitt Hackman on

Congressional efforts to enact tax reform are now in the home stretch. While there is no assurance that any legislation will be enacted, or what the form of a final bill would look like, it is likely that something will pass...more

Budget Announcement to Affect Offshore Investment in UK Real Estate

by Reed Smith on

In Philip Hammond’s budget announcement on 22nd November 2017, he announced a measure which has a significant adverse impact on the UK real estate sector. In particular, it limits the future tax benefits of using an offshore...more

Superior Court Judge Grants Anti-SLAPP Special Motion to Dismiss

by LeClairRyan on

For the second time in ten months, Superior Court Judge Steven Wellner has granted a special motion to dismiss under the DC anti-SLAPP statute. Here’s the background of this case....more

Technology in the Property Industry

by Hogan Lovells on

Hogan Lovells hosted the Reading Real Estate Foundation Breakfast Forum (RREF*) on 17 November 2017. This year’s topic was: Technology in the Property Industry and provided digital food for thought from three key areas....more

Budget shock for property industry: non-UK resident landlords to be taxed on UK property gains

by Hogan Lovells on

Quietly, almost without any fanfare, a tax policy of more than 50 years designed to encourage overseas investment into UK real estate was reversed in the small print of the Budget. The announcement has provoked a storm across...more

UK To Tax Non Residents On Real Estate Gains

by Goodwin on

In a surprise announcement, the UK government announced its intention to start taxing non-UK residents on capital gains from UK real estate assets, including interests in “property rich” companies and other entities. The new...more

U.K. Is to Tax Gains Made by Non-Residents on Commercial and Residential Real Estate and Introduce Corporation Tax for Certain...

by King & Spalding on

The U.K. has announced that, from April 2019, tax will be charged on gains made by non-residents on disposals of all types of UK real estate, extending existing rules that apply only to residential property. The proposals,...more

FRB hosts 2017 interagency fair lending panel

by Ballard Spahr LLP on

The FRB recently hosted a fair lending “hot topics” webinar in conjunction the DOJ, HUD, CFPB, FDIC, OCC, and NCUA. The seven agencies discussed fair lending developments, including the revised HMDA reporting requirements,...more

Real Market Values and "Compression" – Property Taxes Continue to Climb in Oregon

by Tonkon Torp LLP on

One of the most significant reasons taxes have increased so much this year is "Compression." Due to Measure 5, Oregon's constitution limits the amount of taxes that can be collected from each property for two categories...more

Establishing a chain of title - Leveraging blockchain for the real estate industry

by Dentons on

Establishing a good title and guaranteeing speedy acquisition of real estate is of paramount importance to investors, funds, and real estate developers. For example, if salient information on prior encumbrances, easements and...more

French Legal and Regulatory Update – October 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for October 2017. Please see full...more

Guidelines for best practices in real estate enforcement proceedings

The avalanche of bad loans that has hit Italy in recent years has drawn attention on the inefficiency of the judicial debt collection system, one of the leading causes of the banking crisis and the low prices that the banks...more

House Financial Services Committee approves “Madden fix” bill

by Ballard Spahr LLP on

A bill to provide a “Madden fix” and three other bills relevant to mortgage lenders were included among the more than 20 bills approved by the House Financial Services Committee on November 15, 2017. With the exception of...more

Resolving The Multiple Peril Puzzle In First Party Insurance Claims

by Rumberger Kirk & Caldwell on

First party insurance claims involving multiple perils present unique challenges when assessing whether an insurance policy provides coverage. For example, suppose an insurance policy covers damage resulting from fire, but...more

City Prevails in Home Design Dispute - City of Lafayette Represented by Partners Scott Ditfurth and Mala Subramanian

by Best Best & Krieger LLP on

Best Best & Krieger LLP partners Scott Ditfurth and Mala Subramanian successfully represented the City of Lafayette in a dispute with homeowners over their proposed home building plan. In a fight that centered on maintaining...more

Unopposed Lease Renewals – a need for speed?

by Hogan Lovells on

From 1 December 2017, there will be a year-long pilot scheme for unopposed lease renewals that are issued in the County Court at Central London (CCLC).  All claims will be transferred to the First Tier Tribunal (Property...more

Mass. Appeals Court Rebuffs Mortgagee’s Novel Bid For Equitable Subrogation

by Pierce Atwood LLP on

In its decision yesterday in Wells Fargo Bank v. Comeau, the Massachusetts Appeals Court rejected the plaintiff mortgagee’s attempt to use the doctrine of equitable subrogation in a novel way: to impose on a surviving wife...more

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