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CREFC and MBA/CREF: A Hitchhiker’s Guide to Alternate Universes

That whole alternate universe thing, the conceit of so many sci-fi novels, is clearly not merely the product of fevered minds. It’s real. Or, at least it seemed awfully real after having been at the CREFC meeting in Miami...more

Food Report 2016: Trends in the Food, Beverage and Agribusiness Sector

Since the early part of this century, the fast-paced development of Alberta’s oil sands and the push for more pipelines across the country have driven Canada’s economic fortunes. Indeed, the Toronto Stock Exchange is one of...more

Bankruptcy & Creditors' Rights News: Secured Lender Forced, under Bankruptcy Code Section 506(c), to Pay Trustee's Expenses of...

For secured lenders, the single most dangerous provision of the U.S. Bankruptcy Code is section 506(c). This section permits the bankruptcy court to collect from the lender’s collateral the bankruptcy estate’s necessary...more

Application Deadline for the CITF Grant and Loan Program – February 26, 2016

The deadline to submit applications for Community Infrastructure and Tourism Fund (CITF) grants and loans is February 26, 2016. There is an estimated $6,600,000 available in grants and loans for approved applicants. The...more

FinCEN Imposes New Reporting Requirements on New York and Miami Real Estate Markets

The Financial Crimes Enforcement Network (FinCEN) recently announced two geographic targeting orders (GTOs) imposing new reporting and recordkeeping requirements on title insurance companies operating in New York City and...more

West Coast Real Estate Update: Jan. 2016 #3

Reporting Leases on the Balance Sheet - The International Accounting Standards Board (IASB) announced on Jan. 13, 2016, a new ­– and materially different – manner of accounting for leases. The new standard, IFRS 16...more

Amendment to Illinois Mechanics Lien Act Authorizes Bonding Over of Mechanics Liens Claims

As of January 1, 2016, an amendment to the Illinois Mechanics Lien Act, 770 ILCS. 60/38.1, allows parties with an interest in real estate to substitute an eligible surety bond for a claim for mechanics lien as security for...more

Lenders Should Contract for the Right to Recover Lost Goodwill Proceeds when Commercial Property is taken in Eminent Domain

In California, the “goodwill” of a business “consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable...more

North Carolina Supreme Court Rejects Claims against Lender over Failed Real Estate Development

The NC Supreme Court recently affirmed the dismissal of a multitude of lender liability claims asserted against BB&T in a quasi-class action by purchasers of undeveloped lots in Brunswick County. In Arnesen et al. v. Rivers...more

If Interesting and Prosperous is a Choice, I’ll Take Door Number Two: Perspectives on 2016

As we do each year at Crunched Credit, we take the end of a calendar year as an opportunity to stop and reflect on where we are, and what the next year might hold. Recognizing the certainty that a successful prediction is...more

Legal Trends: Commercial Real Estate

Lenders remain aggressive as competition for prime real estate lending opportunities in Canada intensifies. Borrowing rates remain at historical lows and other lending terms have become increasingly favourable for borrowers....more

Nutter Bank Report, December 2015

The Nutter Bank Report is a monthly publication of the firm's Banking and Financial Services Group. Headlines - 1. Interagency Guidance Recommends Banks Review CRE Risk Management Strategies 2. Federal Reserve...more

Money and Dirt: Reviewing 2015; Previewing 2016

We’ll end 2015 with a quick look back at some of the important developments in California real estate and secured lending law covered in this blog, and a look forward to issues that will get attention in 2016....more

Banking Agencies Remind Banks of Prudent Risk Management in CRE Lending

On December 18, 2015, the Board of Governors of the Federal Reserve System (FRB), the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) (together the banking agencies)...more

Rating Agency Developments

On December 9, 2015, Moody’s published its global methodology for rating securities backed by pools of auto loans and auto leases to individuals. On December 8, 2015, Moody’s published its methodology for rating the temporary...more

Bankruptcy Beat: Does The Automatic Stay Apply To Stay Acts Against An Individual Debtor’s Wholly-Owned Company?

A vexing issue for some creditors arises when an individual who is typically a guarantor or co-debtor of his wholly-owned company’s debt files bankruptcy under chapter 7, 11 or 13 and then takes the position that the...more

“Find Out Where the People Are Going and Buy the Land Before They Get There”*

I was in New York with colleagues recently, answering clients’ questions about investing in UK real estate. As in the US, we in the UK have ridden a sustained period of strong capital growth in real estate, which continued...more

Darden Restaurants and MGM Resorts International Take Different Paths in Unlocking Real Estate Value

In recent years, a number of public companies have sought to unlock the value embedded in their corporate real estate assets by separating the real estate and other assets into two separate entities – a so-called PropCo/OpCo...more

ALM cyberSecure Primer: Investment Opportunities, Internet of Things, Cybersecurity ABCs, Stakeholders...

Must-read cybersecurity commentary and analysis from the event primer for ALM's upcoming cyberSecure conference, Dec 15 & 16th in New York City. In this issue: ABC's for the C-suite, cyber risk stakeholders and why they...more

Financeable Retail Leases: A Guide to the Perplexed

Our colleague Steve Friedberg recently spoke at the ICSC Shopping Center Law Conference in Phoenix, Arizona on the topic of “Financeable Retail Leases: A Guide to the Perplexed”. The seminar explored the requirements for...more

Eric Stern on How Higher Education Does Real Estate [Video]

Eric Stern, partner and co-leader of the real estate practice at Morgan Lewis, talks about the ways universities and colleges in the United States work with real estate developers to make their institutions more attractive to...more

Real Estate Gazette - Issue 22: Focus on Specialized Assets

It is clear that demographics play a part in dictating which investment opportunities are prominent at any point in time. For example, in France, the rise in student numbers has boosted demand for student accommodation in the...more

Rating Agency Developments

On November 2nd, DBRS updated its rating methodology for Companies in the Gaming Industry. On November 2nd, DBRS updated its rating methodology for European Non-Performing Loans Securitizations. On October 30th, Moody’s...more

NOVEDADES EN LAS SUBASTAS NOTARIALES Y JUDICIALES

Las reformas legislativas de los u´ltimos meses han modificado las normas que rigen la ejecucio´n judicial y extrajudicial de las garanti´as reales. La Ley 15/2015, de 2 de julio, de la Jurisdiccio´n Voluntaria (LJV), ha...more

Controlling the Domino Effect: Russia & CIS Hotel Market 2015-2016 Survey Report

This is the first year we have run this survey for the Russia & CIS region and we have had a very good response rate from top leaders in the industry who shared their views of the current situation...more

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