News & Analysis as of

Lenders Leases

King & Spalding

Texas Bankruptcy Court Awards Majority Stake in Reorganized Debtor to Unsecured Creditors After Avoiding the Value of the...

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On August 3, 2023, the U.S. Bankruptcy Court for the Southern District of Texas found that the majority of the shares of stock of a reorganized debtor should be allocated to unsecured creditors, and not the secured creditors,...more

Morrison & Foerster LLP

Recent Second Circuit Decision Holds that Conducting a Foreclosure Sale upon a Property After a Tenant Files for Bankruptcy...

In New York, it is a standard practice to name all tenants residing in a building when foreclosing upon the property. That is because section 1311 of the New York Real Property Actions and Proceedings Law (“RPAPL”) states...more

Vinson & Elkins LLP

SOFR: Coming in for Landing

Vinson & Elkins LLP on

With the last U.S. dollar (“USD”) LIBOR tenors being discontinued on June 30, 2023, the time has come for borrowers and lenders (and lessees and lessors) to think about replacing LIBOR in their existing facilities....more

Husch Blackwell LLP

Non-Disturbance Agreements: Beneficial to Both Renewables Developers and Banks

Husch Blackwell LLP on

Few propositions are as much of a win-win for both the holders of mortgages and the developers of renewable energy projects as non-disturbance and attornment agreements....more

Cadwalader, Wickersham & Taft LLP

Real Estate Reserves October 2021 - Basics of Reserves

Reserves are amounts deposited with a lender as security for an obligation expected to occur at a future date, and can serve various functions. The following is an overview of typical reserves in a real estate finance...more

Lowndes

Submerged Land Leases

Lowndes on

The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the Board of Trustees) is vested with title to all land lying under navigable waters within the State of Florida, which land is known as...more

Williams Mullen

[Webinar] Real Estate Trends and Issues in Solar Leasing and Property Purchase - January 29th, 11:00 am ET

Williams Mullen on

Developing a successful solar project begins with selecting the right project site and identifying real estate issues and risks during diligence. Having well drafted real estate contracts and conducting detailed real estate...more

Nutter McClennen & Fish LLP

Ground Lease Financing: 3 Tips for Lenders, Landlords, and Tenants to Achieve a Win-Win-Win Situation

“Because ground leases typically have terms of up to 99 years, landlords and tenants need to consider all the various circumstances that might change over such a long period of time. For instance, in the last 99 years there...more

Amundsen Davis LLC

Aircraft Lease Financing: Who's The Owner?

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Aviation lending is a world unto its own, populated by lawyers and lenders alike that focus on this niche area. Other than just understanding the difference between FAR Part 91 and Part 135, or what the Cape Town Convention...more

Hogan Lovells

Nationwide announces position on onerous ground rents

Hogan Lovells on

Nationwide announced recently that it will not lend on new build residential leasehold properties if the amount of ground rent is more than 0.1% of the purchase price....more

Ruder Ware

Be Prepared Before Your Borrower Files a Farm Bankruptcy

Ruder Ware on

How prepared are you for a workout or Chapter 12 farm bankruptcy filed by your Borrower? Make it your New Year’s Resolution to know the answer to these questions about your Borrower. Do you conduct regular file reviews?...more

Manatt, Phelps & Phillips, LLP

Is Your Lease Financeable?

It is often the case that parties enter into a lease thinking it is a temporary use of space by the tenant, which frequently amounts to nothing more than an expense line item on the budget. However, if a lease is structured...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: June 2014 #1

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Foreclosure/Surplus Funds: subordinate lienholder who failed to file claim to surplus funds with clerk within sixty days of foreclosure sale as required by section 45.031(7)(b), Florida Statutes (2010) not entitled to surplus...more

Cozen O'Connor

Financeable Ground Leases – They’re Not Just for Development Sites Anymore

Cozen O'Connor on

In years past, ground leases were used primarily as vehicles for the development or redevelopment of “stand alone” real estate. The fee owner – typically an investment group that purchased an income property years ago and now...more

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