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For those involved in high-dollar residential real estate transactions, two new Geographic Targeting Orders (“GTOs”) issued by the Financial Crimes Enforcement Network (“FinCEN”) of the U.S. Department of the Treasury may affect your transaction. Concerned about the utilization of all-cash purchases of high-end residential real estate by individuals attempting to hide... read more

Just when you thought it was safe to bring a foreclosure lawsuit, a recent Second District Court of Appeal opinion illustrates the harsh result of lack of standing. As you recall from prior blog articles, “standing” refers to a party’s legal right to maintain a lawsuit. In the context of mortgage foreclosures, a lender’s standing can be derived from possessing the original... read more

The Federal District Court for the Middle District of Florida ruled last month that a lender does not need to show cause as a condition to enforcing an assignment of rents. In PNC Bank v. Maranatha Properties, Inc., No. 5:15-cv-563-Oc-30PRL, 2016 WL 319255 (M.D. Fla. Jan. 26, 2016), PNC initiated a foreclosure of a mortgage on properties in Marion and Lake Counties, Florida that secured a... read more

With the real estate markets in large cities such as San Francisco, Washington, D.C. and New York City saturated with domestic and foreign capital, driving market prices beyond the reach of many developers and lenders, investors naturally look for alternative markets that offer lower capital thresholds to entry but project strong future returns. The question then becomes: Where are these... read more

As someone interested in both real estate development and finance, I follow John Anderson’s musings atRJOHNTHEBAD. John is a developer and leader of the Incremental Development Alliance, and often teaches at Small Developer Boot Camps promoted by the Congress for New Urbanism. In a recent post, John discussed how his friend and fellow developer, Monte Anderson, recruits local entrepreneurs... read more

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