News & Analysis as of

Borrowers Real Estate Transactions

Troutman Pepper

CFPB Proposes New “Streamlined” Mortgage Servicing Rules

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As we predicted here, the Consumer Financial Protection Bureau (CFPB or Bureau) last week proposed new and, in some cases, streamlined rules governing what mortgage servicers must do after a borrower becomes delinquent. The...more

Morrison & Foerster LLP

Deed in Escrow

Is a “deed in escrow,” sometimes referred to as a “deed in a box,” enforceable in New York? While many real estate attorneys believe that it is not, a recent court ruling illustrates that the answer may not be as...more

Snell & Wilmer

Not So Harmless? The Arizona Bill Amending A.R.S. § 20-1591 and Its Impact on Title Company Indemnities

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Sellers and borrowers involved in real estate transactions are customarily asked to sign indemnity agreements in favor of the title insurer. In April 2024, the Arizona legislature amended A.R.S. § 20-1591, which will impact...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

Troutman Pepper

New Policies From FHA and FHFA Allow Borrowers to Challenge Property Appraisals

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On May 1, the Federal Housing Administration (FHA), and the Federal Housing Finance Agency (FHFA) announced new policies that will allow borrowers to challenge property appraisals they believe to be inaccurate or biased....more

Cadwalader, Wickersham & Taft LLP

Ex Parte Appointment of a Receiver Confirmed

The New York County Supreme Court recently held that in the event of foreclosure, a receiver can be appointed, regardless of necessity, when the parties have contracted for such appointment. 24 West 57 APF LLC (“Defendant”)...more

Ballard Spahr LLP

HUD Announces FHA Loan Payment Supplement Loss Mitigation Program

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The U.S. Department of Housing and Urban Development (HUD) recently announced a Payment Supplement loss mitigation program for Federal Housing Administration (FHA) insured Title 2 mortgage loans, the details of which are set...more

Ballard Spahr LLP

Five Things Every Office Building Owner (and Its Lender) Should Consider

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The drumbeat of the challenges facing almost every corner of the office building market should be loud and clear to owners and lenders. For some, the current situation is dire, while for others it will likely worsen in the...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

Ballard Spahr LLP

CFPB Director Rohit Chopra Addresses Mortgage Post-Crisis Reforms and Importance of Consumer Protection Regulations

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Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra recently addressed The Mortgage Collaborative National Conference recounting the Congressional response to the mortgage industry crisis that began in 2008 that...more

McGlinchey Stafford

New Opportunities for Lenders and Borrowers under Special Purpose Programs

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Problems with lack of affordability and access to housing are longstanding in the U.S. The CFPB has indicated that “minority households… continue to lack fair and equitable access to credit,” including mortgage lending. These...more

Cadwalader, Wickersham & Taft LLP

We Can Work It Out: The Need for Pre-Negotiation Agreements

In light of the current economic climate, real estate lenders and borrowers will certainly be communicating with one another frequently concerning potential loan modifications and accommodations. It is prudent for lenders to...more

Cadwalader, Wickersham & Taft LLP

How to Prepare for a Real Estate Enforcement in Europe, Part 1

This is the first article in our mini-series on European real estate enforcements and restructurings. Given the continued financial stress being experienced across the global economy, we expect that lenders in the real estate...more

Cadwalader, Wickersham & Taft LLP

No Celebrations March 2022 - Understanding Future Advance Conditions

While some commercial real estate loans are fully funded at loan closing, others are funded in whole or in part through future advances. Some loans provide for future advances to fund tenant improvement work and leasing...more

Cadwalader, Wickersham & Taft LLP

Going Green - February 2022 - Further Developments in Mezzanine Foreclosures

The New York State Supreme Court, County of New York (the “Court”) decided in Atlas Brookview Mezzanine LLC v. DB Brookview LLC, on November 18, 2021, that an accommodation pledge entered into in connection with a mortgage...more

David Shirk - Shirk Law

Why Ginnie Mae Issuers are Challenging VA Seasoning Buyout Demands and Why Lenders Care

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Issuers should be aware that Ginnie Mae interpreting its MBS guide in a manner that departs from VA circular 26-19-22, and the plain reading of statutory language with respect to the beginning and ending dates used to...more

Williams Mullen

Mezzanine Lending Video Series (Episode 2)

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In the second episode of Williams Mullen’s five-part video series on mezzanine lending, corporate attorneys Bob Dewar and Randal Greene discuss why mezzanine loans are attractive to borrowers....more

Williams Mullen

Mezzanine Lending Video Series (Episode 1)

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In this inaugural episode of Williams Mullen’s five-part video series on mezzanine lending, corporate attorneys Bob Dewar and Randal Greene give a general overview of mezzanine lending, including a brief introduction of the...more

Cadwalader, Wickersham & Taft LLP

Something Special, April 2021 | Issue No. 23 - Insurance Broker Letters in Commercial Real Estate Financings: Why Do We Need Them?

Insurance is a key and critical element to any commercial real estate financing. After all, such financings are usually limited recourse, such that the properties will be owned by a special purpose vehicle with no other...more

Cadwalader, Wickersham & Taft LLP

Something Special, April 2021 | Issue No. 23: What’s So Special about Special Purpose Entities?

Lenders often require their borrowers to be “special purpose entities” in real estate transactions. This is a way that lenders can mitigate their bankruptcy risk in the event that the borrower or any of its parent entities...more

Jaburg Wilk

Equitable Mortgages

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Most anybody who works in real estate knows what a mortgage is. Simply stated, a mortgage is a lien against property given by the property owner to a lender to secure the repayment of a loan made by the lender to the property...more

American Conference Institute (ACI)

[Virtual Event] 27th NATIONAL FORUM ON Residential Mortgage Regulatory Enforcement & Litigation - November 17th - 18th, 9:00 am -...

ACI’s Residential Mortgage Forum is a premier gathering of leading servicers, lenders, external counsel, and regulators engaging in dialogue on how to navigate the very complex residential mortgage enforcement and litigation...more

Cozen O'Connor

Deed in a Box: An Advantageous Loan Workout Method in the Time of the COVID-19 Pandemic

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Most real estate attorneys would typically be dismissive of a transaction that places a deed in escrow as collateral for a loan. This is because it is universally known that any loan term that interferes with a borrower’s...more

Carlton Fields

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

Carlton Fields on

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

Patton Sullivan Brodehl LLP

A Notice of Trustee’s Sale Does Not Necessarily “Disturb Possession”

Flashback: Five years ago, Money and Dirt covered the Salazar v. Thomas opinion from California’s Fifth District Court of Appeal holding that a Notice of Default does not “disturb possession” sufficiently to start the...more

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