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Lenders and Insurance: Are Your Bases Covered? A Checklist for Confirming Lenders' Rights in Borrowers' Insurance Proceeds

The economic impacts of the COVID-19 pandemic, particularly the impacts arising from federal, state and local shelter-in-place restrictions, have caused numerous affected parties to submit claims under their insurance...more

California Supreme Court Confirms Lender Foreclosure Option

Earlier this month, in Black Sky Capital v. Cobb, the California Supreme Court addressed the following question: when a creditor holds senior and junior liens on the same property, can the creditor non-judicially foreclose on...more

Are You Ready For The Next Downturn?

A PRIMER ON KEY CASES AFFECTING COMMERCIAL REAL ESTATE LENDERS IN CALIFORNIA - When will the next economic downturn arrive? Prognosticators give a wide variety of opinions on that question, with some predicting many months...more

Are You Ready for the Next Downturn? Ninth Circuit “Cramdown” Cases Affecting Real Estate Lenders

Plan Approval in a Multi-Debtor, Single-Plan Context - In In re Transwest Resort Properties, Inc., the Ninth Circuit addressed the Chapter 11 reorganization plan approval process where a single plan was proposed for...more

8/23/2018  /  Debtors , Lenders , Real Estate Market

A Lender May Be Able to Both Foreclose on a Senior Lien and Seek a Deficiency on a Junior Lien

Since the 1992 decision in Simon v. Superior Court , California lenders holding senior and junior liens on the same real property were barred from both non-judicially foreclosing pursuant to the senior lien and seeking a...more

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