CRE Litigation Index: October 2026 (month to date)
37 tracker matters with an event in October 2026, 30 commercial real estate Chapter 11 petitions and 21 new federal commercial real estate lawsuits. Through Oct 13, 2026.
37Tracker matters
30CRE Chapter 11 petitions
21New federal CRE suits
0Office lending actions
4Data center matters
21Rulings 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. Through Oct 13, 2026.
By practice area
Lending & Foreclosure: 11Zoning & Land Use: 11Commercial Lease Disputes: 6REIT & Securities: 3Landlord–Tenant: 2Construction Defect: 1Eminent Domain: 1Environmental: 1Premises Liability: 1
By state (tracker matters)
New York: 7California: 6Texas: 5Ohio: 3Colorado: 2Florida: 2Massachusetts: 2Pennsylvania: 2Delaware: 1Illinois: 1
Chapter 11 petitions by state
Texas: 6Georgia: 5New Jersey: 3New York: 3California: 2Florida: 2North Carolina: 2Pennsylvania: 2
Office foreclosures and receiverships
None this month.
Data center fights
Rulings and appeals
Every tracker matter dated October 2026
| Date | Matter | Where | Status | Amount / scale |
|---|---|---|---|---|
| Oct 13, 2026 | Bradford, PA Bus Station Taking: $30,000 Settlement Enforced Commonwealth Court of Pennsylvania | Bradford, PA | Ruling Issued | $30,000 condemnation settlement |
| Oct 13, 2026 | Chesapeake, VA Landfill Warehouse Site Plan Denial Upheld Court of Appeals of Virginia | Chesapeake, VA | Ruling Issued | Site plan approval; statutory damages claim dismissed |
| Oct 13, 2026 | Bohemian Brethren Church: $1.2M Preschool Tenant Verdict Upheld New York Supreme Court, Appellate Division, First Department | NY | Ruling Issued | $1,216,177.36 judgment |
| Oct 13, 2026 | Oakmont 410 Warehouse: San Antonio Sues to Halt ICE Facility U.S. District Court, Western District of Texas | San Antonio, TX | Filed | Injunctive relief; warehouse bought for $66.1 million |
| Oct 12, 2026 | 3800 Sepulveda, Culver City: Jushi Wins Dispensary Lease Appeal California Court of Appeal, Second Appellate District, Division Three | Culver City, CA | Ruling Issued | Damages alleged to exceed $20 million; $4.2 million land purchase |
| Oct 10, 2026 | South Shore Chicago Apartments: $6.4M Merchants Bank Foreclosure Circuit Court of Cook County, Illinois | IL | Filed | $6.4 million in two loan facilities |
| Oct 10, 2026 | 91-10/91-14 175th Street, Queens: Owner Files Second Chapter 11 U.S. Bankruptcy Court, Eastern District of New York | Queens, NY | Filed | $12.6 million in reported liabilities against $14 million in… |
| Oct 9, 2026 | San Francisco Care Center Sale: BAP Limits Lenox Mortgage Fees U.S. Bankruptcy Appellate Panel of the Ninth Circuit (appeal from U.S. Bankruptcy Court,… | San Francisco, CA | Ruling Issued | $419,266.94 in disputed lender attorneys' fees on a $19.8 million… |
| Oct 9, 2026 | Hetley Plaza, Lemoyne PA: Parking Use Variance Denial Upheld Commonwealth Court of Pennsylvania | Lemoyne, PA | Ruling Issued | Use variance to demolish three houses and build a parking lot (no… |
| Oct 9, 2026 | Starwood Mortgage Capital Sued to Repurchase $46.85M CMBS Loan U.S. District Court, Southern District of New York (removed from New York Supreme Court,… | NY | Pending | $46.85 million mortgage loan |
| Oct 9, 2026 | Stradtman Park CMBS Foreclosure: Appeals Court Upholds Fee Cut New York Supreme Court, Appellate Division, Fourth Department | NY | Ruling Issued | $3.6 million CMBS loan; $588,000 fee request cut to $250,000 |
| Oct 9, 2026 | 122 Fifth Avenue: Microsoft Sues JLL Over Build-Out Injury New York Supreme Court, New York County | New York, NY | Filed | Defense costs and indemnity; $10M liability policy at issue |
| Oct 8, 2026 | Conroe, TX Assisted Living: Delaware Upholds HREF Takeover Delaware Supreme Court (appeal from the Delaware Court of Chancery) | Conroe, DE | Ruling Issued | $4.5 million preferred-equity investment; control of the project's… |
| Oct 8, 2026 | Frederick County Data Center Moratorium Suit (Quantum Maryland) Circuit Court for Frederick County, Maryland | MD | Filed | Injunctive relief and damages; developer says a $500M+ land deal was… |
| Oct 8, 2026 | Pembroke Lakes Mall: CMBS Foreclosure Against Brookfield Unit Circuit Court of the 17th Judicial Circuit, Broward County, Florida | Pembroke Pines, FL | Filed | $263.8M owed (principal, interest, and default interest) on a $260M… |
| Oct 7, 2026 | Laguna Beach Foreclosures: BAP Upholds Enterprise Bank Sales U.S. Bankruptcy Appellate Panel of the Ninth Circuit (appeal from U.S. Bankruptcy Court,… | CA | Ruling Issued | Roughly $80 million first-lien debt on ten Laguna Beach properties |
| Oct 7, 2026 | ApplianceSmart Lease Default: Sixth Circuit Backs Landlord U.S. Court of Appeals for the Sixth Circuit (on appeal from the U.S. District Court,… | Columbus, OH | Ruling Issued | Unpaid rent and reletting damages under a big-box retail lease and… |
| Oct 7, 2026 | Indiantown, FL Data Center Plat Suit: Silver Fox 606 v. Village Florida Circuit Court, Nineteenth Judicial Circuit, Martin County | Indiantown, FL | Filed | Declaratory and injunctive relief and a writ of prohibition;… |
| Oct 6, 2026 | Braemar Hotels Settles With Al Shams for $40M, Ending Proxy Fight Out-of-court settlement (resolves a pending Texas Rule 202 pre-suit deposition petition;… | TX | Settled | $40 million settlement payment ($25M for claims plus $15M expense… |
| Oct 6, 2026 | Spartanburg Kohler Plant Data Center: Zoning Suit Dismissed South Carolina Court of Common Pleas, Seventh Judicial Circuit (Spartanburg County) | SC | Ruling Issued | $2.8 billion data center project; declaratory and injunctive relief… |
| Oct 6, 2026 | 2000 Folsom Street SF: Holdover Suit vs. Physical Intelligence San Francisco County Superior Court | San Francisco, CA | Filed | Holdover damages of more than $13,000/day sought; underlying lease… |
| Oct 6, 2026 | Southridge Mall Greendale: Court Approves Sale by Simon Affiliate Wisconsin Circuit Court, Milwaukee County | Greendale, WI | Ruling Issued | $101.9 million loan assumption plus $7 million cash |
| Oct 6, 2026 | 5 Beekman Owner Must Return $850,000 HVAC Settlement Payment New York Supreme Court, Appellate Division, First Department | NY | Ruling Issued | $850,000 judgment plus prejudgment interest |
| Oct 6, 2026 | Empire State Building Tenant's Constructive Eviction Suit Fails New York Supreme Court, Appellate Division, First Department | New York, NY | Ruling Issued | Dismissal affirmed |
| Oct 6, 2026 | YMCA of Central Ohio Lease Exit Upheld: 31-55 West Long Street Ohio Court of Appeals, Tenth Appellate District | Columbus, OH | Ruling Issued | $1.04 million tenant-improvement budget vs. ~$523,100 termination… |
| Oct 6, 2026 | The Travis Apartments, Lakewood Village TX: Chapter 11 Filing U.S. Bankruptcy Court, Northern District of Texas | Lakewood Village, TX | Filed | More than $50 million in debt; $73.4 million acquisition loan (2022) |
| Oct 6, 2026 | Wellsworth Hotel, Southbridge MA: Owner Files Chapter 11 U.S. Bankruptcy Court, District of Massachusetts | Southbridge, MA | Filed | $13.25 million hotel loan |
| Oct 6, 2026 | Weld County GlobalAI Data Center Approval Challenged by Broe District Court, Weld County, Colorado | CO | Filed | Judicial review and reversal of land-use approval |
| Oct 6, 2026 | Casa Dorado Hotel (Tapestry by Hilton): DBR Dorado Suit Dismissed Bayamón Court of First Instance, Puerto Rico | Dorado | Ruling Issued | $48 million development at stake |
| Oct 5, 2026 | 33501 Lake Road, Avon Lake: Museum Tenant Eviction Upheld Ohio Court of Appeals, Ninth Appellate District | Avon Lake, OH | Ruling Issued | Possession of a 15,000 sq. ft. space renting for $583 a month |
| Oct 5, 2026 | Pillarstone v. Whitestone REIT: Fifth Circuit Denies Rehearing U.S. Court of Appeals for the Fifth Circuit | TX | Ruling Issued | $33.4M related Rule 9019 bankruptcy settlement reached Dec. 2025… |
| Oct 4, 2026 | American Hospitality Properties REIT Files Chapter 11 in Texas U.S. Bankruptcy Court, N.D. Texas | TX | Filed | $86M underlying Regulation A fraud scheme; 16 jointly administered… |
| Oct 2, 2026 | Atlantic City Hotel Price-Fixing Suit: Caesars, MGM Lose Bid U.S. Court of Appeals for the Third Circuit; U.S. District Court, District of New Jersey… | NJ | On Appeal | Putative consumer class action over room rates at 5 Atlantic City… |
| Oct 2, 2026 | Willow Park Menlo Park: N17 Builder's Remedy Suit Over 665 Units San Mateo County Superior Court | Menlo Park, CA | Filed | $303,000 in legal fees sought; city faces up to $33 million in… |
| Oct 2, 2026 | Grand 1401 Fresno: Tutelian Parking Suit vs. City Set for Trial Fresno County Superior Court, California | Fresno, CA | Pending | $7M+ in potential losses cited by developer |
| Oct 1, 2026 | Mass. Appeals Court: Emailed Settlement Binding, $100K Owed Massachusetts Appeals Court | MA | Ruling Issued | $100,000 settlement payment enforced |
| Oct 1, 2026 | Energize Denver Preemption Challenge Survives Motion to Dismiss U.S. District Court, District of Colorado | CO | Ruling Issued | No damages at issue; compliance-cost exposure for large buildings… |
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