As I look around the business landscape, much of the focus of company growth seems to center on leveraging the internet for greater connections (with their trading partners) and for more information (“big data”)....more
3/27/2013
- Big Data Business Development
In 2012, distressed commercial real estate . . . looked a lot like 2011 . . . and 2010 . . . and 2009. Here are my observations on distressed commercial real estate in 2012...more
1/11/2013
- Real Estate Market
The combination of 4 speaking engagements and working on 4 new (or revived) lending products buried me during the last several months. Fortunately, I’ve navigated the course, and it is a new year. It is time to take a look...more
1/2/2013
- Construction Loans Loans Real Estate Market
Provisions in commercial mortgage loan documents, where a particular state law is “selected” as the governing law, can drive a deal into a ditch, and take a good (or growing) lending relationship into the emergency room. In...more
9/27/2012
- Choice-of-Law Mortgages
The “forbearance” agreement between a lender and a borrower is an important piece of an orderly sale of a company (as it sells all of its assets and pays creditors). Whether you’re the creditor or the company, a thoughtful...more
9/20/2012
- Debtor-Creditor Forbearance Agreements Liens
Lenders are refreshing their mortgage loan documents with provisions based on the “lessons learned” during the recent (continuing?) economic experience. One change is to add a service of process provision....more
9/14/2012
- Mortgages Service of Process
Credit availability seems to be improving in the commercial markets. One common (and obvious) test for new commercial lending is “how will the borrower fare in the tough times, or a stress test?” Generally, loans to...more
7/20/2012
- Commercial Loans ESOP Stress Tests
“ESOP” loans can be both an “exit” strategy for a company in distress (and its lenders), and an “entrance” opportunity for lenders targeting the right prospect. Lending to an ESOP company can hit the mark coming (good times)...more
7/11/2012
- Commercial Loans ESOP
