News & Analysis as of

Commercial Loans Commercial Property Owners

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

Goodwin

Why Hotels Are Turning to C-PACE Financing to Drive Sustainable Development

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Over the past few years, environmental, social, and governance (ESG) principles have played a more prominent role than ever in the way real estate investors, property owners, and lenders invest in and develop commercial real...more

Kohrman Jackson & Krantz LLP

Rising Vacancy Rates in Downtown Office Buildings May Cause Wave of Commercial Foreclosures

The COVID-19 pandemic has brought about significant changes in work dynamics, leading to a rise in vacant office buildings across the United States. Remote work arrangements and the adoption of flexible work models have...more

Bennett Jones LLP

What's Next in Office Financing in Canada?

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Bennett Jones was pleased to host an oversubscribed NAIOP panel discussion on current issues in office financing, and I am happy to share my key impressions from what was a compelling and thoughtful dialogue....more

Amundsen Davis LLC

Preparing Your Bank for Possible Turbulence in Commercial Real Estate

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Reports of potential trouble in commercial real estate lending have steadily increased this year. Per the Wall Street Journal, a record number of commercial mortgages are expiring in 2023. Prices for commercial...more

Williams Mullen

Estop, Subordinate and Listen: Understanding the Role of SNDAs and Tenant Estoppel Certificates in Commercial Real Estate...

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For those of us that practice in the world of commercial real estate financing transactions, the fact pattern is a tale as old as time: the Bank is making a term loan secured by real estate largely based on leases on the...more

Dechert LLP

CREFC Capital Markets Conference Recap

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On October 26, 2022, Dechert partners Laura Swihart and Stewart McQueen attended the CREFC Capital Markets Conference in New York City. Stewart gave opening remarks and Laura moderated a panel on the current housing market...more

Miller Canfield

When do Secured Lenders Have to Pay for Operating Expenses?

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Secured lenders whose commercial loans are in default often face a serious question: should they allow a commercial property’s expenses to be paid, potentially increasing their losses? Or should they minimize their immediate...more

Dechert LLP

Ahhh… Miami! Sun, Sand and Commercial Real Estate

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CREFC January 2022 – it was supposed to be the comeback conference. Everyone was pumped to spend a few days down south, getting together with their safely vaccinated clients, colleagues and friends. Meetings, mingling and...more

Miles & Stockbridge P.C.

Commercial Lender Licensing and Commercial Loan Disclosures in New York

To date, the licensing and disclosure obligations for lenders and brokers of commercial loans, (including commercial mortgage loans and non-real estate-secured commercial or business purpose loans) have not received the...more

McDermott Will & Emery

[Webinar] Navigating the Labyrinth of the K-Trust: How to Negotiate with Korean Lenders in Loan Restructurings - December 1st,...

McDermott Will & Emery on

Korean lenders have made a significant number of commercial real estate loans in the United States, many of which are now in default. Jin Kim of BridgeRock Capital and Brian Donnelly of McDermott Will & Emery will provide...more

Parker Poe Adams & Bernstein LLP

Late Charges on Balloon Payments: How Big Can They Be?

Getting charged extra for a late payment is standard protocol in lending practices. Judges, lawmakers and regulators have long agreed there’s an administrative hassle lenders should be compensated for when having to recover...more

Snell & Wilmer

Update – Prospective Waivers of “Fair Market Value” Hearings are Definitely Void.

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In 2013, we blogged about the Arizona Court of Appeals’ determination that prospective contractual waivers of “fair market value” hearings are unenforceable as a matter of public policy. The link to our prior blog post is...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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