Current Conditions in the Real Estate Mezzanine Market


Real Estate Partner Todd E. Soloway and Counsel Luisa K. Hagemeier’s article “Current Conditions in the Real Estate Mezzanine Market” appeared in the May 31, 2010 edition of Real Estate Finance & Investment.

When borrowers fall into default, certain mezzanine lenders find themselves in a lose-lose dilemma – having to choose between foreclosing on the shares or participation interests in the borrower or doing nothing and watching a considerable investment vanish as secured lenders foreclose.

In the article, Soloway and Hagemeier, in order to reduce the likelihood of such outcomes, suggest establishing a particular set of terms into the initial loan documents dictating procedure in the event of foreclosing on a mezzanine loan.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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