News & Analysis as of September 20, 2024

Foreclosure › Retailers

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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 -

Acquiring a Distressed Business in the United States: Key Issues for Prospective Buyers

Pillsbury Winthrop Shaw Pittman LLP on 10/21/2022

Prospective buyers should prepare to take advantage of opportunities to acquire distressed businesses, as we are likely to see an uptick in distressed M&A soon. Prospective buyers seeking first-mover advantages should act...more

Chilling: ICA Fines Unilever/Algida €60 Million for Ice Cream Rebate Schemes

Jones Day on 2/22/2018

The Background: The Italian Competition Authority has imposed a €60 million fine on Unilever's Italian subsidiary Algida, which sells impulse ice creams, for having implemented a complex system of exclusivity clauses and...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

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 24, 31 & November 7, 2014

Carlton Fields on 11/14/2014

REAL PROPERTY UPDATE - - Commercial Landlord Duty: commercial landlord has no common law duty to provide automatic external defibrillator in its stores for use in medical emergency – Verdugo v. Target Corp., No....more

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