News & Analysis as of

Borrowers Commercial Real Estate Market

Porter Hedges LLP

Real Estate Planning Tips: What is Cancellation of Indebtedness ("COD") Income?

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The commercial real estate market is in the process of adjusting to lower property valuations. Much recent focus has been on office buildings, and the fallout from enduring reductions in occupancy associated with remote and...more

Morrison & Foerster LLP

Tips for Reducing Lender Liability Risk When Dealing with Distressed Commercial Real Estate Loans (Part 1)

A number of factors have combined to cause an almost “perfect storm” for commercial real estate distress. The COVID-19 pandemic led to a rise in remote and hybrid work, increasing vacancy rates and decreasing property values....more

Bowditch & Dewey

Ten Reasons to Expect an Increase in Financial Restructurings in 2025

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1. Commercial Chapter 11 Bankruptcy Filings Have Increased Significantly Year-Over-Year: There has been a significant increase in the number of commercial Chapter 11 cases (larger company filings) in 2024. By way of example,...more

Seyfarth Shaw LLP

The Corporate Transparency Act: Considerations for Special Purpose Entities in Commercial Real Estate Transactions

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Corporate structures in commercial real estate transactions can often be very complex and involve layers of entities. Special purpose entities that are bankruptcy remote (“SPEs”) are frequently used in commercial real estate...more

Dechert LLP

Why Are We So Calm?

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This is just a short note, with little actual utility, but it’s about something that’s really bothering me.  Why are we so calm?  What has anesthetized us?...more

ArentFox Schiff

Work-Out or Walk-Out: The Difficult Decision Facing Commercial Office Owners

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Back in March, we wrote about the then-current news of some of the nation’s largest real estate owners defaulting on loans secured by office buildings. At the time, we envisioned a market ripe for borrowers and lenders to...more

Lippes Mathias LLP

The Landscape of Commercial Lending Conditions and What May Come

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In recent years, U.S. banks have been tightening lending conditions. This trend is expected to continue for commercial loans because of various factors, including the ongoing effects of the COVID-19 pandemic, changes in...more

ArentFox Schiff

Non-Recourse Carve-Outs: Borrower and Guarantor Considerations

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The Federal Reserve's most recent Financial Stability Report addressed what many industry watchers had been convinced of for some time: the commercial real estate sector is in a precarious state. The Federal Reserve Bank...more

Dechert LLP

Welcome to the New Normal – Funny Times Revisited

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Several weeks ago, I wrote a commentary called Funny Times in which I bemoaned the complete lack of coherent data, making the process of predicting the course of interest rates, cap rates and transactional velocity over the...more

ArentFox Schiff

Potential Approaching Storm in Commercial Real Estate: Recent Updating of Great Recession Guidance

ArentFox Schiff on

Nearly 14 years ago, guidance was provided by federal regulators to facilitate commercial real estate loan work-outs. Rather than ‘extend & pretend,’ regulators had encouraged, and are encouraging, banks to work with...more

Cole Schotz

Material Misstatements of the “Net Sum Available”

Cole Schotz on

When a Section 22 Affidavit, discussed in earlier installments of this series, materially misstates a building loan’s “net sum available” to pay contractors for cost of improvement work, that can have substantial adverse...more

McGuireWoods LLP

Federal Regulators Update Policy on Commercial Real Estate Loan Accommodations and Workouts

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On June 30, 2023, the Federal Reserve Board, Treasury Department, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency and National Credit Union Administration (the agencies) published a final...more

Morrison & Foerster LLP

Regulators Replace Policy Statement on Troubled CRE Loans and Allow Short-Term Accommodations

The Board of Governors of the Federal Reserve System, Office of the Comptroller of the Currency, National Credit Union Administration, and Federal Deposit Insurance Corporation (collectively, the “Agencies”) issued a joint...more

Holland & Knight LLP

Green Lending in Commercial Real Estate: Four Core Components of Green Loan Principles

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Lenders and investors alike have become progressively concerned about climate change and the effect their lending and investment decisions may have on the environment. As such, they are seeking ways to reduce their carbon...more

Dechert LLP

The CRE CLO Unleashed

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Our fine little CRE CLO business has exploded over the past couple of years, hasn’t it?  Last year, around this time, I recklessly predicted for my friends at Commercial Mortgage Alert that we might hit $30 billion of...more

Cadwalader, Wickersham & Taft LLP

‘Greeniums,’ ‘Griscounts’ and Other ESG Trends in the CMBS Market

In this first installment of the Finance Forum Focus Series, Cadwalader special counsel Michael Ruder is joined by Alan Todd, Head of CMBS Strategy at BofA Securities. Michael and Alan discuss Environmental, Social and...more

Dechert LLP

A Modest Proposal: Why Can’t CRE CLOs Be More Like Corporate CLOs?

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Here at Dechert, we have market-leading practices in CRE CLO as well as corporate CLOs, including broadly syndicated and middle market structures.  So, every day that I peer into these two alternate universes, I’m astonished...more

Kelley Drye & Warren LLP

Federal Tax Issues Arising in Connection With Real Estate Distressed Debt Workouts

The COVID-19 pandemic is having a profound impact upon commercial real estate. This Client Advisory discusses selected federal tax issues arising in connection with real estate distressed debt workouts. The issues arise in...more

Carlton Fields

[Webinar] Florida’s Uniform Commercial Real Estate Receivership Act - October 21st, 12:00 pm - 1:00 pm EDT

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Florida’s Uniform Commercial Real Estate Receivership Act (UCRERA) went into effect on July 1, 2020, clarifying the standards for appointment of a receiver for commercial real estate and the receiver’s powers and duties. ...more

King & Spalding

REIT Advisor – August 2020 - Recent Amendment Trends for REIT Credit Facilities

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The onset of the novel Coronavirus pandemic (“COVID-19”) led to an abrupt shutdown of businesses worldwide and across numerous industries. The shutdown’s impact on the commercial real estate market generally, and on REITs...more

Pillsbury Winthrop Shaw Pittman LLP

Distressed Real Estate During the COVID-19 Pandemic: Deeds in Lieu of Foreclosure Involving Commercial Real Estate

In a deed in lieu of foreclosure, a defaulting borrower agrees to convey the mortgaged property to the mortgage lender. But handing over the keys can raise a number of potential pitfalls. Below, we discuss some of these...more

Manatt, Phelps & Phillips, LLP

[Webinar] Unmasking Best Practices for CRE Lenders During the COVID-19 Downturn - May 21st, 1:00 pm - 1:30 pm PT

With the impact of COVID-19 causing an economic downturn and, consequently, a potential recession for commercial real estate, lenders are now being faced with obstacles to limit damage to their portfolios. Join us for a...more

Dechert LLP

2020: An Outlook

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One of the good things about the 24/7 news cycle, perhaps one of its few positive externalities, is that it’s a boon for the pontification business. It enables all sorts of otherwise serious people to make fools of themselves...more

White & Case LLP

Real estate finance: Floating the idea of fixing

White & Case LLP on

Costs associated with LIBOR's discontinuation could tip the scale in favour of fixed-rate loans in real estate finance. LIBOR's phasing out in 2021 is set to shake up the real estate finance market, amplifying the appeal...more

Dechert LLP

It’s Time to Fix Securitization: Are We Dinosaurs Staring Into the Tar Pit?

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In order to avoid burying the lead, let me tell you where I’m going here. The CRE securitization business is in trouble.  We need to throw out what biologists call the punctuated equilibrium, where once a system initially...more

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