Commercial Loans

Q&A With Bilzin Sumberg's Scott Baena

by Scott Baena | Bilzin Sumberg Baena Price & Axelrod LLP on 5/8/2013

Scott L. Baena is a senior partner with Bilzin Sumberg Baena Price & Axelrod LLP in Miami and chairman of the firm's restructuring and bankruptcy group. His practice focuses on creditor's rights, workouts, bankruptcy and...more

New Maryland Law Provides Indemnity Deeds of Trust (IDOT) Relief

by Jerald Cohn | Holland & Knight LLP on 5/8/2013

Maryland Governor Martin O'Malley has signed a law that brings significant changes to how recordation tax will be imposed on the refinancing of commercial property and on the modification of existing indemnity deeds of trust...more

Refresh Your Mortgage Loan Documents with these Tech Topics

by Keith Mullen | Winstead PC on 4/3/2013

Most commercial real estate loan documents give meaning to the phrase “real estate is old as dirt.” Why? Because just as dirt doesn’t change, commercial mortgage loan documents largely ignore the impact of technology on the...more

California Supreme Court Eases Admissibility of Oral Statements in Contract Fraud Disputes

by Melissa Lor | Schnader Harrison Segal & Lewis LLP on 2/22/2013

California, like most jurisdictions, prohibits parties to integrated contracts from introducing “parol evidence” — this is, evidence of prior written or verbal agreements made by a party to a contract — if those alleged...more

Hotel Properties Tricky Collateral For Loans

by Lorelei A. Schumacher | Bilzin Sumberg Baena Price & Axelrod LLP on 12/11/2012

As funding slowly returns for hotel properties, lenders should be more cautious when underwriting hotels as collateral for loans. Unlike other types of commercial real estate properties such as retail, office or multifamily...more

Commercial and Multifamily Mortgage Delinquency Rates Are At Lowest Levels Since 2009: News Release of the Week

by Rosa Eckstein Schechter on 12/11/2012

Lending is obviously important to land planning and commercial real estate development and Florida has been particularly hard hit in its financial industry, so the news this week from the Mortgage Bankers' Association...more

Check Lender Reservations on Hotel Deals: Asset-specific issues prompt a closer look from lenders at hotel collateral

by Lorelei A. Schumacher | Bilzin Sumberg Baena Price & Axelrod LLP on 12/8/2012

Funding is returning slowly for hotel properties, as many lenders have learned the hard way that hotels can be tricky collateral. Commercial mortgage brokers can expect these lenders to be more cautious when reviewing hotel...more

Cortefiel – The Use of Schemes of Arrangement for ‘Amend & Extends’

by White & Case LLP on 12/4/2012

Introduction - The recent case of Cortefiel SA, a leading Spanish high street clothing retailer (“Cortefiel”), has demonstrated the possibility of amending and extending a company’s obligations under its finance...more

Lessons for Lenders in Avoiding Liability When Exercising Setoff Rights

by Poyner Spruill LLP on 12/3/2012

Last year the Superior Court of Forsyth County, North Carolina awarded approximately $2.1 million in damages against a large lender for its decision to offset debt against a deposit account of a guarantor. The trial court...more

Credit Availability Increasing? . . . “Yes” for Employee Stock Ownership Plans (part 2)

by Keith Mullen | Winstead PC on 7/20/2012

Credit availability seems to be improving in the commercial markets. One common (and obvious) test for new commercial lending is “how will the borrower fare in the tough times, or a stress test?” Generally, loans to...more

Prospecting for a Niche Commercial Borrower? An ESOP Loan Might Be Your Punch

by Keith Mullen | Winstead PC on 7/11/2012

“ESOP” loans can be both an “exit” strategy for a company in distress (and its lenders), and an “entrance” opportunity for lenders targeting the right prospect. Lending to an ESOP company can hit the mark coming (good times)...more

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