News & Analysis as of September 22, 2024

Foreclosure › Retail Market

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Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -

Six Tips for Lenders Foreclosing a Shopping Center

Lowndes on 1/12/2023

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

News from AGG's Retail Industry Team - Summer Edition

Arnall Golden Gregory LLP on 8/8/2017

Title III of the Americans with Disabilities Act (ADA) provides “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges,...more

How Does a Foreclosure Affect a Retail Lease?

Arnall Golden Gregory LLP on 8/8/2017

A foreclosure by a lender of a landlord’s property terminates all subordinate leases on the property. In the absence of an SNDA, then whether a lease is subordinate is determined by the timing of the mortgage or similar...more

Resolving Shopping Center Foreclosures in Florida - Considerations for Lenders

Carlton Fields on 10/12/2016

Shopping centers in Florida—and across the country—are increasingly facing financial stress due to factors such as Internet commerce and rent pressures. Rents generated from a shopping center are usually pledged as...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 16 & 23,2015

Carlton Fields on 1/28/2015

REAL PROPERTY UPDATE - Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more

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