News & Analysis as of

Borrowers Real Estate Investments

Skadden, Arps, Slate, Meagher & Flom LLP

Adapting to a Dynamic Commercial Real Estate Landscape

The commercial real estate (CRE) market is in a transformative period as remote work has reduced occupancy levels at the same time that financing costs have risen rapidly. The changes have created opportunities for investors...more

Ballard Spahr LLP

Developing Opportunistic Real Estate Lending Market Poised to Thrive

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A unique set of conditions appear to be setting up a market that is primed for opportunistic real estate lending and investing opportunities with private credit positioned to thrive. Higher interest rates, increased operating...more

Goulston & Storrs PC

What’s on the Horizon for Commercial Real Estate Loans?

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Like many of you, we are seeing a significant increase in commercial real estate (“CRE”) loan workouts. The magnitude of the swell in distressed CRE loans remains unclear, although one thing is certain: appreciating the...more

Seyfarth Shaw LLP

DST Bridge Lending - Considerations for the Borrower, Senior Lender, and Bridge Lender

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Broadly syndicated Section 1031 investment programs, such as DSTs and TICs, have been popular with a growing number of real estate investors since the early 2000s due to their ability to allow investors to reinvest in...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Continued HOPE of a New Commercial Real Estate Preferred Equity Facility

U.S. Representatives Van Taylor (R-TX) and Al Lawson (D-FL) introduced a bipartisan bill this week that would require the Department of the Treasury (the “Treasury”) to establish and administer a facility to guarantee certain...more

White & Case LLP

European Real Estate Finance: Market update – Q2 2020

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As part of our periodic updates, here is an overview of recent developments of relevance to participants in the real estate finance market across certain key jurisdictions in Europe. Europe - COVID-19 - First and...more

Cozen O'Connor

Debt Cancellation Income Arising in Connection with the Ownership of Real Estate

Cozen O'Connor on

Part I of this paper explored how the income tax rules applied to taxpayers recognizing cancellation of indebtedness income. The paper laid out the myriad rules applicable to solvent and insolvent taxpayers, how to ascertain...more

Proskauer Rose LLP

Real Estate Loan Acquisitions – A Guide for Purchasers

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In light of significant deterioration in cash flows and asset values in many classes of real estate caused by the COVID-19 pandemic, many real estate lenders are finding some of their otherwise well-underwritten loans to be...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

Snell & Wilmer

Financing Real Estate Projects in Los Cabos, Mexico

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The development of real estate projects, including hotels and master planned communities in Los Cabos and other places in Mexico, commonly requires financing by banks and other institutional lenders. This article presents an...more

Orrick, Herrington & Sutcliffe LLP

Distress in Commercial Real Estate - Considerations for the CRE Warehouse Market

There has been increasing use in Europe by non-bank lenders of warehouse finance in the commercial real estate (CRE) lending market. These private financing structures are used by non-bank CRE lenders such as real estate debt...more

Robins Kaplan LLP

Financial Daily Dose 12.18.2019 | Top Story: Fiat Chrysler and Peugeot Boards Agree to $50 Billion Merger

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Fiat Chrysler and rival Peugeot have agreed to binding merger terms that, if approved by US and European regulators, would create a “$50 billion auto giant that would rank among the world’s largest car companies by sales”....more

Woods Rogers

Preemptive Wordsmithing: Considering Future Alterations of Commercial Property at the Outset

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Borrowers often envision future alterations to enhance the economic value of the commercial real estate asset, when closing the initial loan. Such alterations can be in the form of capital improvements, tenant improvements,...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

Jones Day

Proposed Treasury Regulations Permit Foreign Subsidiary Credit Support for U.S. Multinational Financings

Jones Day on

The proposed regulations, released October 31, 2018, generally provide tax-free treatment to a U.S. corporate parent of a controlled foreign corporate subsidiary ("CFC") for deemed dividends triggered when the CFC provides...more

Snell & Wilmer

Guarantors Remain Liable for “Carve-out” Obligations, Despite Non-recourse Loan

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Believe it or not, guaranty contracts mean what they say. If a guarantor agrees to reimburse a lender for misappropriated security deposits, unpaid taxes, and the cost of enforcement, then – not surprisingly – courts will...more

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