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Finance & Banking Commercial Real Estate

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Two Recent Decisions Demonstrate Continued Disagreement Over Whether Economic Value or Face Amount of Liens Is Appropriate Metric...

by Jones Day on

The ability of a trustee or chapter 11 debtor in possession ("DIP") to sell bankruptcy estate assets "free and clear" of liens on the property under section 363(f) of the Bankruptcy Code has long been recognized as one of the...more

Strong Dissent Warns of “Devastating Economic Repercussions” of Second Circuit’s Decision in Oil & Gas Case

by Liskow & Lewis on

In Gloria’s Ranch, L.L.C. v. Tauren Exploration, Inc., the Louisiana Second Circuit upheld a trial court’s ruling that Wells Fargo, a mortgage lender with a security interest in a mineral lease, was solidarily liable with its...more

EPA Issues Recommendations to Streamline Superfund Cleanup Process and Promote Site Reuse

by White & Case LLP on

On July 25, 2017, the United States Environmental Protection Agency ("EPA") Superfund Task Force (the "Task Force") released a report that aims to improve the federal Superfund contaminated site cleanup program. The policies...more

Real Estate Finance: Massachusetts

by WilmerHale on

A Q&A guide to real estate finance law for borrowers and lenders in Massachusetts. This Q&A addresses state laws relating to security instruments, usury laws, limitations on personal liability, recording requirements and...more

Regulators Seek Comment on Proposed Jump in Appraisal Threshold

The federal banking regulators proposed an increase in the threshold for commercial real estate transactions requiring an appraisal from the current $250,000 to $400,000, a move the agencies said was in response to “concerns...more

Direct Issuance is Here – A New Paradigm for Single Asset Single Borrower (SASB) Securitization

by Dechert LLP on

A standalone securitization of a portfolio of properties closed in June. To our knowledge, this was the first transaction in recent memory done in a direct issuance format. In this case, direct issuance means that the...more

15 Creative Ways Large Real Estate & Infrastructure Developers Raise Millions Outside of Traditional Debt and Equity (Part II)

by Slim Ventures LLC on

There is an expression that land development is a wealthy man’s game. Indeed, in our recent meeting with a very seasoned developer (over 30,000 lots before the Recession, now, licking his wounds, down to only 900), he...more

Considerations for Participants in the Expanding Market for Compensatory Mitigation Credits

by Sullivan & Worcester on

In a recent blog post, we described the basic statutory and regulatory framework supporting the increasing popularity of mitigation banking. In this update, we offer some additional observations for property owners and other...more

15 Creative Ways Large Real Estate & Infrastructure Developers Raise Millions Outside of Traditional Debt and Equity (Part I)

by Slim Ventures LLC on

There is an expression that land development is a wealthy man’s game. Indeed, in our recent meeting with a very seasoned developer (over 30,000 lots before the Recession, now, licking his wounds, down to only 900), he...more

Japan Legal Update - Volume 27 | July 2017

by Jones Day on

On June 7, 2017, Japan signed the "Multilateral Convention to Implement Tax Treaty-Related Measures to Prevent Base Erosion and Profit Shifting" ("MLI"). The MLI is a part of the OECD/G20 base erosion and profit-shifting...more

Financial Services Weekly News - July 2017 #3

by Goodwin on

Editor's Note - Going Strong to the Mic. The Office of the Comptroller of the Currency’s (OCC) proposed special purpose nondepository national bank charter for FinTech companies (FinTech Charter) has long been the source...more

Funding Your Small Or Mid-Size Development Project In New Jersey

by Fox Rothschild LLP on

Obtaining financing for your development project is one of the most important aspects of moving your development plans from paper to reality. Recently, the New Jersey Economic Development Authority (the “Authority”) created a...more

REO Advisor: Pre- And Post-Foreclosure Servicer Strategies To Allow For Tenant Construction Activities On Collateral Properties,...

This edition of the REO Advisor explores the pre- and post-foreclosure servicer strategies to allow for tenant construction activities on collateral properties, as well as the subdivision and subsequent partial sales of large...more

CFPB Loses Borders Case: the Court Construes RESPA’s Statutory ABA Exemption according to its Plain Language

by Foley & Lardner LLP on

On July 12, 2017, a federal district court in Kentucky issued a summary judgment ruling for the defense in the ongoing Borders & Borders case brought by the Consumer Financial Protection Bureau (CFPB or Bureau). In this...more

Federal Banking Agencies Explore Raising Threshold for Appraisals in Commercial Real Estate Transactions to $400,000

by Stinson Leonard Street on

Federal regulators earlier this week issued a notice of proposed rulemaking to raise the threshold for commercial real estate transactions requiring an appraisal from the current level of $250,000 to $400,000. The agencies...more

La presencia de México en Miami llegó para quedarse

by Bilzin Sumberg on

La imagen de los mexicanos en la Florida generalmente se enmarca en el debate sobre la inmigración que actualmente arrasa en nuestro país. Pero la influencia mexicana y su presencia en la Florida va mucho más allá de los...more

Recent Arizona Commercial Law Cases

by Snell & Wilmer on

Over the last few months there have been several significant commercial law cases in Arizona. These have included four Court of Appeals and three Supreme Court cases, each addressing common loan document provisions and...more

Money Laundering Regulations 2017: government rush threatens a teething period for property auctioneers

by Hogan Lovells on

New money laundering regulations could prove to be a headache for property auctioneers until those affected get to grips with the changes, according to leading figures in the industry....more

Mexico’s Presence in Miami Is Here to Stay

by Bilzin Sumberg on

The image of Mexicans in Florida is usually framed around the immigration debate raging in our country currently. But the Mexican influence and presence in Florida goes far beyond migrant workers picking crops in Homestead...more

H.R. 2148 Introduced to Clarify HVCRE Rules

by BakerHostetler on

In 2013, the Federal Reserve Board adopted rules to implement Basel III, a regulatory framework of reform measures for the banking industry issued by the Basel Committee on Banking Supervision (BCBS). These measures include a...more

California Court of Appeal Clarifies a Judgment Creditor's Right to Third Party Discovery in Aid of Enforcement of Judgment

by Allen Matkins on

In Yolanda's, Inc. v. Kahl & Goveia Commercial Real Estate, 11 Cal. App. 5th 509 (2017), the California Court of Appeal recently affirmed a judgment creditor's right to seek third party discovery in aid of enforcement of a...more

Perfecting and Renewing Judgment Liens

A judgment is only as good as your ability to get it satisfied. That means you need to ensure that your judgment is properly recorded and turned into a valid lien....more

Commercial Tenant Debtors in Chapter 11: Fundamentals of Landlord Creditor Protection in Bankruptcy

by BakerHostetler on

Commercial landlords have unique protections in bankruptcy, but can lose these rights if they do not assert them. When a commercial tenant files bankruptcy under Chapter 11, the landlord must carefully monitor filings and...more

The HVCRE Easter Egg for Community Banks

by Bryan Cave on

We have written several times about the rules concerning the appropriate risk weighting for High Volatility Commercial Real Estate (“HVCRE”) loans. The interagency FAQ published on April 6, 2015 provided some guidance but...more

HVCRE: Some Answers on the Horizon?

by Seyfarth Shaw LLP on

Since its implementation, the High Volatility Commercial Real Estate (HVCRE) rules have created certain questions and concerns for banks and borrowers alike in real estate lending transactions. Bi-partisan legislation (H.R....more

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