CRE Litigation Index: September 2026
47 tracker matters with an event in September 2026, 59 commercial real estate Chapter 11 petitions and 40 new federal commercial real estate lawsuits.
47Tracker matters
59CRE Chapter 11 petitions
40New federal CRE suits
8Office lending actions
10Data center matters
15Rulings and appeals
Tracker matters are counted by the date of the event (filing, ruling, settlement or sale). Chapter 11 petitions (Chapter 11 Watch) and federal suits (Federal Lawsuit Watch) are counted by filing date, from federal court records via CourtListener, which receives most but not all new federal cases. These are counts of what CREdocket tracks, not of every case filed in the country.
By practice area
Lending & Foreclosure: 17Zoning & Land Use: 14Commercial Lease Disputes: 4Premises Liability: 4REIT & Securities: 3Eminent Domain: 2Environmental: 2Landlord–Tenant: 1
By state (tracker matters)
New York: 5Florida: 4Missouri: 4Illinois: 3Massachusetts: 3New Jersey: 3Ohio: 3Texas: 3California: 2Colorado: 2
Chapter 11 petitions by state
New York: 17New Jersey: 10Florida: 4Pennsylvania: 4California: 3Michigan: 3Georgia: 2Maryland: 2
Office foreclosures and receiverships
Data center fights
Rulings and appeals
Every tracker matter dated September 2026
| Date | Matter | Where | Status | Amount / scale |
|---|---|---|---|---|
| Sep 30, 2026 | 580 Market Street San Francisco: Rialto Forecloses on Office San Francisco County, California (non-judicial trustee's sale) | San Francisco, CA | Filed | $17.5M unpaid debt; Rialto credit-bid $5M to take title |
| Sep 30, 2026 | AvalonBay RealPage Antitrust Suit: New Jersey Claims Revived U.S. District Court, District of New Jersey | NJ | Ruling Issued | No specific dollar figure stated; rent-overcharge exposure across… |
| Sep 29, 2026 | Reserve Square Cleveland: City Seeks to Join Fannie Mae Case U.S. District Court, Northern District of Ohio | Cleveland, OH | Pending | $78M+ defaulted mortgage |
| Sep 29, 2026 | 345 Seventh Avenue: $80M Fraud Suit Against Kohan Properties Supreme Court of the State of New York | New York, NY | Filed | $80 million+ (alleged fraud) |
| Sep 28, 2026 | 450 Fifth Street NW, Washington DC: $166.6M Office Foreclosure Washington, D.C. (non-judicial deed of trust foreclosure) | Washington, DC | Filed | $166.6M owed on a $177.5M 2007 note |
| Sep 28, 2026 | Brass Works Jersey City Lofts: Chapter 11 Dismissed for Cause United States Bankruptcy Court, District of New Jersey | Jersey City, NJ | Ruling Issued | Debtor reported $50M–$100M in assets, $10M–$50M in liabilities;… |
| Sep 25, 2026 | Eastview Mall: $210M CMBS Foreclosure and Eminent Domain Fight Supreme Court of the State of New York, New York County | Victor, NY | Pending | $210 million CMBS mortgage in default |
| Sep 25, 2026 | Northwoods Mall North Charleston: Negligent Security Suit vs. CBL South Carolina Court of Common Pleas, Charleston County | North Charleston, SC | Filed | Unspecified damages sought |
| Sep 24, 2026 | 2100 Ross Avenue Dallas: Wells Fargo Foreclosure on Office Tower Dallas County, Texas | Dallas, TX | Pending | $98 million original loan; reported as a $79 million nonperforming… |
| Sep 24, 2026 | Industry SLC Salt Lake City: ACORE Foreclosure, Now Foundry43 Utah Business and Chancery Court | Salt Lake City, UT | Settled | $97.3M loan default; $103.7M claimed owed in principal, interest and… |
| Sep 24, 2026 | Embassy Suites Portland Airport: $49.7M Loan to Special Servicing Multnomah County, Oregon (pre-litigation; loan in special servicing) | Portland, OR | Pending | $49.7M CMBS loan (GSMS 2016-GS3 / GSMS 2016-GS4) |
| Sep 24, 2026 | Brightline Chapter 11: Real Estate Arms in $5.5B Restructuring U.S. Bankruptcy Court, District of New Jersey | NJ | Filed | $5.5 billion in consolidated debt across the Brightline enterprise;… |
| Sep 23, 2026 | 100 Summer Street Boston: Wells Fargo Foreclosure Auction Suffolk County, Massachusetts (non-judicial foreclosure by power of sale) | Boston, MA | Filed | $470M mortgage; tower purchased for $806M in 2019, now assessed at… |
| Sep 22, 2026 | Bangor Mall: $1.1M Default Judgment Against Namdar Realty Group Penobscot County Superior Court, Maine | Bangor, ME | Ruling Issued | $1.1M default judgment entered |
| Sep 22, 2026 | Metro Parc South Hialeah: Slate, Carlyle Construction Loan Suit Circuit Court of the 11th Judicial Circuit, Miami-Dade County, Florida | Hialeah, FL | Filed | $31.1M alleged default on a $105M construction loan |
| Sep 21, 2026 | Harborplace Baltimore: Suit Seeks to Void MCB's $900M Plan Circuit Court for Baltimore City, Maryland | Baltimore, MD | Filed | $900 million redevelopment; suit seeks to void enabling… |
| Sep 18, 2026 | 7880 North Military Trail, Riviera Beach: 157% Impact Fee Suit Circuit Court of the 15th Judicial Circuit, Palm Beach County, Florida | Riviera Beach, FL | Filed | $1.6 million in added impact fees at issue |
| Sep 18, 2026 | Montgomery County, MO Amazon Data Center Suit Survives Dismissal Circuit Court of Cole County, Missouri | MO | Ruling Issued | Not a monetary claim; advocacy group seeks to halt a data center… |
| Sep 18, 2026 | Marshfield v. Commonwealth: SJC Upholds MBTA Communities Act Massachusetts Supreme Judicial Court | MA | Ruling Issued | Not a monetary claim; upholds a statewide multifamily zoning mandate… |
| Sep 17, 2026 | Bradley County, TN Data Center Zoning Ordinance Suit by SDCL Bradley County Chancery Court, Tennessee | TN | Filed | $19.9M land purchase underlying a challenge to the county's… |
| Sep 17, 2026 | Springfield, MO Data Center Moratorium Suit (NSI, A.1 LLC) Circuit Court of Greene County, Missouri | MO | Filed | Not a monetary damages claim; developer seeks declaratory and… |
| Sep 16, 2026 | St. Louis Armory Data Center: Dueling Zoning Suits, TerraWatt Circuit Court of the City of St. Louis, Missouri | St. Louis, MO | Filed | $3.1 billion data center project (scale of underlying development) |
| Sep 16, 2026 | Pavilion Park, West Des Moines: Below-Market Land Sale Trial Iowa District Court for Polk County | IA | Pending | Alleged combined shortfall of ~$8.7M across two parcels (126.52-acre… |
| Sep 16, 2026 | King of Prussia Data Center Denial: MLP Ventures v. Upper Merion Montgomery County Court of Common Pleas, Pennsylvania | Upper Merion Township, PA | Filed | 5-building, 4.6M-square-foot data center campus |
| Sep 16, 2026 | Phoenix American Hospitality Hotel REIT Securities Class Action U.S. District Court, Northern District of Texas | TX | Filed | $86M+ raised from 2,000+ retail investors across two non-traded REIT… |
| Sep 15, 2026 | 165 Main Street White Plains: $3M+ Suit vs. NY Power Authority Supreme Court of the State of New York, Westchester County | White Plains, NY | Filed | $3 million+ in demanded damages and repair costs |
| Sep 15, 2026 | Sheetz v. Centerville: Ohio Court Allows Site-Plan Damages Suit Supreme Court of Ohio | OH | Ruling Issued | Damages claim for construction delay and lost revenue remanded for… |
| Sep 14, 2026 | Canyon County, Idaho Highway Taking: Business Damages Rejected Idaho Supreme Court | ID | Ruling Issued | Business-damages claim rejected; underlying land value stipulated… |
| Sep 11, 2026 | Waldoboro, Maine Cell Tower Denial: Blue Sky Towers Sues Town U.S. District Court, District of Maine | ME | Filed | Non-monetary; seeks injunctive relief compelling tower-siting… |
| Sep 11, 2026 | Palm Beach Marriott Singer Island: $45M+ Fee Suit vs Urgo Hotels Circuit Court, Fifteenth Judicial Circuit, Palm Beach County, Florida | Riviera Beach, FL | Pending | More than $45M in claimed damages dating to 2013, plus punitive… |
| Sep 10, 2026 | Bostonian Apartments, Aurora CO: U.S. Bank Foreclosure Suit Denver District Court, Colorado | Aurora, CO | Filed | $3,280,000 principal sought; property assessed at approximately… |
| Sep 8, 2026 | Bitdeer Ohio Data Center: Hannibal Industrial Park Covenant Suit Court of Common Pleas, Monroe County, Ohio | OH | Pending | Declaratory and injunctive relief sought; no dollar figure stated |
| Sep 8, 2026 | Joliet Technology Center Data Center Zoning Suit, Joliet IL Circuit Court of Will County, Illinois | Joliet, IL | Pending | $20 billion project value at stake |
| Sep 8, 2026 | Alexandria Real Estate Equities Securities Class Action Dismissed U.S. District Court for the Central District of California | CA | Ruling Issued | Putative class action tied to $2.2 billion in life-science property… |
| Sep 4, 2026 | South Loop Chicago Office Foreclosure: $17.1M Suit by Jovia Circuit Court of Cook County, Illinois | Chicago, IL | Filed | $17.1M sought, including under an unlimited personal guaranty |
| Sep 4, 2026 | X Denver Apartments: Receiver Appointed on $170M Mack Loan Denver District Court, Colorado | Denver, CO | Ruling Issued | $170M |
| Sep 3, 2026 | Edgerton, KS Data Center Petition: City's Suit Dismissed as SLAPP Johnson County District Court, Kansas | KS | Ruling Issued | Not applicable (declaratory/zoning dispute; city ordered to pay… |
| Sep 3, 2026 | Carnegie House, West 57th St: $24M Ground-Rent Award Vacated Appellate Division of the Supreme Court of New York, First Department | New York, NY | Ruling Issued | $24M annual ground rent set by the vacated arbitration award (up… |
| Sep 3, 2026 | Nahant v. Northeastern: SJC Allows East Point Taking Massachusetts Supreme Judicial Court | Nahant, MA | Ruling Issued | ~$2.2M taking value estimated by the town; Northeastern has signaled… |
| Sep 3, 2026 | The Galleria Houston Garage Shooting: Security Suit vs Simon Harris County District Court, Texas | Houston, TX | Filed | More than $1,000,000 sought |
| Sep 3, 2026 | Lloyd's Hurricane Ida Policy: Fifth Circuit Splits Arbitration U.S. Court of Appeals for the Fifth Circuit | LA | Ruling Issued | Surplus lines commercial property coverage dispute; damages… |
| Sep 2, 2026 | Benton County, MO Data Center Moratorium: Developer Seeks TRO Circuit Court of Benton County, Missouri | MO | Pending | Not primarily monetary; developer seeks a temporary restraining… |
| Sep 2, 2026 | PrimeBlock Data Center Murphy NC: Noise Nuisance Class Action U.S. District Court, Western District of North Carolina | NC | Pending | Proposed class of ~1,000 property owners; damages pled below federal… |
| Sep 1, 2026 | Addison Ice Arena: Receiver Appointed in $9.5M Foreclosure 18th Judicial Circuit Court (DuPage County), Illinois | IL | Pending | ~$9.5M defaulted loan |
| Sep 1, 2026 | The Esplanade Palm Beach: $3M Broker Commission Suit Miami-Dade County Circuit Court | Palm Beach, FL | Filed | $3M commission claimed (1.5% of $200M sale price) |
| Sep 1, 2026 | LEO Hendersonville Rezoning Suit: Advenir Azora Claim Survives Henderson County Superior Court, North Carolina | Hendersonville, NC | Ruling Issued | 180-unit, 21-acre rezoning denial; declaratory and injunctive relief… |
| Sep 1, 2026 | 224 West 57th Street: Soros Takes Title After $158.7M Foreclosure New York County Supreme Court | New York, NY | Ruling Issued | $158.7M foreclosure judgment (on a $145M original mortgage) |
Other months: September 2026 · October 2026 · All months
Free weekly email