News & Analysis as of

Commercial Leases Foreclosure

Holland & Knight LLP

Federal Real Estate in a Turbulent Market, Part II

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This is the second of a two-part series addressing special considerations for government lessors in the current commercial real estate market. Part I addressed the risks posed by government downsizing and early lease...more

Lowndes

Six Tips for Lenders Foreclosing a Shopping Center

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Foreclosing on a mall or shopping center presents unique issues for a lender. Failing to anticipate these issues could cause problems, such as a lengthier foreclosure process or a lower resale value after the foreclosure....more

Obermayer Rebmann Maxwell & Hippel LLP

SNDA Protection For Commercial Tenants Upon Property Foreclosure

Just last month, it was reported that the Montgomery Mall in Montgomery Township, Pennsylvania was foreclosed upon after it failed to make monthly payments on its loan. How does this foreclosure impact the mall’s tenants?...more

Harris Beach PLLC

New York Extends the Moratorium on COVID-related Commercial Residential Evictions and Foreclosure Proceedings Until August 31,...

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On Tuesday May 4, 2021, Governor Cuomo signed an extension of the “COVID-19 Emergency Protect Our Small Businesses Act of 2021” (collectively, the “Act”) prohibiting residential and commercial evictions, foreclosure...more

Morrison & Foerster LLP

New York State Passes Legislation To Extend Eviction And Foreclosure Relief For Small Business Commercial Properties

On March 9, 2021, New York Governor Andrew Cuomo signed into law the New York State COVID-19 Emergency Protect Our Small Businesses Act of 2021 (S471A/A3207) (the “Act”). After a full year of commercial tenants and commercial...more

Harris Beach PLLC

Help or Harm? New Legislation Aimed at Helping Tenants and Borrowers Impacted by COVID Causes Concern for Landlords and Lenders

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In his recent State of the State Address, New York Governor Andrew Cuomo indicated a desire to stay mortgage foreclosures, commercial evictions and foreclosures through May 1, 2021. On March 9, 2021, the Governor’s desires...more

Genova Burns LLC

Update from our Bankruptcy Law Department

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The COVID pandemic has had far reaching impacts in the New Jersey judicial system. For almost a year, commercial and residential foreclosures and evictions essentially came to a halt....more

Kilpatrick

Executive Order 202.70 Extends Moratorium on New York Commercial Evictions and Mortgage Foreclosures to January 2021

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On October 20, 2020, New York Governor Andrew Cuomo issued Executive Order 202.70, which continued through January 1, 2021 the moratorium on initiating a proceeding or enforcement of (a) an eviction of any commercial tenant...more

Harris Beach PLLC

NY Moratorium on COVID-Related Commercial Evictions and Foreclosures Extended Through the End of 2020

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By Executive Order 202.70, New York Gov. Andrew Cuomo has further extended – through Jan. 1, 2021 – the moratorium prohibiting the initiation of a proceeding or enforcement of (i) an eviction of a commercial tenant for...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Executive Order Extending Moratorium on Commercial Evictions until January 1, 2021

On October 20, 2020, in response to the continued health and economic hardships faced by New York business owners due to the COVID-19 pandemic, Governor Cuomo signed a new executive order extending the Statewide moratorium on...more

Morrison & Foerster LLP

New York Extends Commercial Eviction And Foreclosure Moratorium

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On October 5, 2020, New York Governor Andrew Cuomo signed Executive Order 202.67, extending the moratorium on commercial evictions and foreclosures through November 3, 2020...more

Pullman & Comley, LLC

Executions On Commercial Evictions and Limited Residential Evictions Can Proceed Starting September 2, 2020

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Although Governor Lamont’s Executive Orders did not stay commercial evictions, they were practically stayed as the Judicial Branch imposed a stay on the service of any execution of eviction – the final step necessary to...more

Kelley Drye & Warren LLP

Real Estate Industry Alerts Tracker - August 2020 Issue #4

California Eviction Moratorium to End on September 1, 2020 - On August 13, 2020, the Judicial Council of California voted to lift the moratorium on evictions and foreclosure filings on September 1st – approximately two...more

Mintz - Real Estate, Construction &...

Executive Orders, Administrative Court Orders, and Legislation: The Ever-Changing NY Landscape on Foreclosures, Evictions, and...

The landscape for foreclosures and evictions in New York State is constantly evolving. With the entire State of New York in Phase 4 of New York Forward, the courts have begun to reopen (at least virtually) and certain...more

Kelley Drye & Warren LLP

Real Estate Industry Alerts Tracker - August 2020 Issue #2

New Jersey Mall Sues Tenant for Breaching Lease Provision to Remain Open - A prominent tenant in a major New Jersey shopping mall was sued by its landlord for refusing to re-open its space after New Jersey lifted its...more

Partridge Snow & Hahn LLP

Massachusetts Governor Extends Moratorium on Evictions and Foreclosures

Previously set to expire August 18, 2020, Governor Baker has extended Chapter 65 of the Acts of 2020, An Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency (the “Act”), by 60 days...more

Tonkon Torp LLP

New Law Prohibits Foreclosures In Oregon Until September 30, 2020

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During the special session held between June 24 and June 26, the Oregon legislature passed, and Governor Brown signed into law, HB 4204, which prohibits foreclosures in Oregon from March 8, 2020 until September 30, 2020. It...more

Fox Rothschild LLP

Update: Florida Again Extends Ban On Certain Evictions, This Time Through August 1

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On June 30, 2020, shortly before the ban was due to expire, Florida Gov. Ron DeSantis again extended Executive Order 20-94, which restricts certain real estate evictions, this time through Aug. 1, 2020. Executive Order...more

Brownstein Hyatt Farber Schreck

Nevada’s Eviction and Foreclosure Moratorium to be Lifted in Phases

Yesterday, Nevada Gov. Steve Sisolak signed Declaration of Emergency Directive 025, which allows for commercial evictions and foreclosures to resume on July 1, 2020 and certain residential evictions (not including for...more

BCLP

Foreclosure and Receiver Issues in the United States during COVID-19

BCLP on

The following memorandum provides an overview of the responses of courts and local and state governments of certain jurisdictions, as well as of the federal government, to the COVID-19 outbreak. The analysis has a particular...more

Fox Rothschild LLP

North Carolina Limits Commercial And Residential Evictions And Other Lease Remedies

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North Carolina Gov. Roy Cooper issued an Executive Order on May 30, 2020, that places temporary restrictions on residential and commercial evictions for monetary defaults related to COVID-19 and extends the prohibition on...more

Jackson Walker

The Status of Eviction-Related Orders in Texas

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Starting May 19, 2020, trials, hearings, and proceedings for residential evictions have been allowed to resume across the state of Texas. On March 19th, the Texas Supreme Court issued an order temporarily suspending...more

White & Case LLP

US COVID-19 Real Estate Legal Developments: Federal, California, Florida, Illinois, New York (Updated)

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In this report, we set out the key real estate developments in the US during the period of disruption caused by COVID-19 on a federal level and in California, Florida, Illinois and New York. The report covers: - Lease...more

Hinshaw & Culbertson - Consumer Crossroads

Governor Cuomo Extends New York Mortgage Foreclosure Moratorium, But With Exceptions…

On May 7, 2020, New York Governor Andrew Cuomo issued Executive Order 202.28, which provides further temporary relief measures for tenants facing an eviction. The order also directly impacts mortgage loan holders, servicers,...more

White & Case LLP

US COVID-19 Real Estate Legal Developments: Federal, California, Florida, Illinois, New York

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In this report, we set out the key real estate developments in the US during the period of disruption caused by COVID-19 on a federal level and in California, Florida, Illinois and New York. The report covers: - Lease...more

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