News & Analysis as of

Lenders Borrowers Commercial Mortgage Backed Securities

Lippes Mathias LLP

The Landscape of Commercial Lending Conditions and What May Come

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In recent years, U.S. banks have been tightening lending conditions. This trend is expected to continue for commercial loans because of various factors, including the ongoing effects of the COVID-19 pandemic, changes in...more

ArentFox Schiff

Non-Recourse Carve-Outs: Borrower and Guarantor Considerations

ArentFox Schiff on

The Federal Reserve's most recent Financial Stability Report addressed what many industry watchers had been convinced of for some time: the commercial real estate sector is in a precarious state. The Federal Reserve Bank...more

Cadwalader, Wickersham & Taft LLP

No Need to Pretend – Just Extend – if Borrowers Ask to Delay Repayment

Today’s high interest rate environment presents a challenge to many commercial real estate borrowers whose loans are now reaching maturity. Some borrowers are unable to repay their loans, while others are approaching the loan...more

Cadwalader, Wickersham & Taft LLP

‘Greeniums,’ ‘Griscounts’ and Other ESG Trends in the CMBS Market

In this first installment of the Finance Forum Focus Series, Cadwalader special counsel Michael Ruder is joined by Alan Todd, Head of CMBS Strategy at BofA Securities. Michael and Alan discuss Environmental, Social and...more

Pillsbury - Gravel2Gavel Construction & Real...

CMBS Disruptions in the Real Estate Market

The past few months saw, and continue to see, significant disruptions to the real estate market and the real estate finance market in particular. According to Trepp LLC, June saw the delinquency rate for commercial...more

Proskauer Rose LLP

Real Estate Loan Acquisitions – A Guide for Purchasers

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In light of significant deterioration in cash flows and asset values in many classes of real estate caused by the COVID-19 pandemic, many real estate lenders are finding some of their otherwise well-underwritten loans to be...more

Arnall Golden Gregory LLP

Mindfulness in the Time of Coronavirus: Practical Advice to Borrowers with CMBS Loans (Suggestions on Approaching Your Loan...

Phones are ringing; borrowers are panicked and so are their lenders. Borrowers who were profitable, good customers three or four weeks ago are suddenly struggling in the wake of the coronavirus crisis. They are seeking...more

Akin Gump Strauss Hauer & Feld LLP

COVID-19 Stimulus: The Fed’s 2020 TALF — Comparisons to 2008

Under the recently announced Term Asset-Backed Securities Loan Facility (the “2020 TALF”), the New York Federal Reserve will commit to lend on a recourse basis to a special purpose vehicle (the “TALF SPV”), which will...more

Dechert LLP

2020: An Outlook

Dechert LLP on

One of the good things about the 24/7 news cycle, perhaps one of its few positive externalities, is that it’s a boon for the pontification business. It enables all sorts of otherwise serious people to make fools of themselves...more

Dechert LLP

It’s Time to Fix Securitization: Are We Dinosaurs Staring Into the Tar Pit?

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In order to avoid burying the lead, let me tell you where I’m going here. The CRE securitization business is in trouble.  We need to throw out what biologists call the punctuated equilibrium, where once a system initially...more

Alston & Bird

New York Appellate Court Upholds Plain Meaning of Reserve Provision in CMBS Loan Agreement

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On October 24, 2017, a New York appeals court unanimously affirmed dismissal of a CMBS borrower’s lawsuit concerning the interpretation of a reserve provision in a commercial loan agreement. The dispute concerned the...more

Kilpatrick

Oil & Gas Rights and CMBS Servicing—Transfer Considerations

Kilpatrick on

Question: The borrower pledged oil and gas rights related to the collateral property to the lender. The borrower has notified the servicer that it would like to sell these oil and gas rights. Can the lender approve the lease...more

Alston & Bird

The Current CMBS Experience – And a Path Forward

Alston & Bird on

The CMBS industry is not attracting repeat borrowers in sufficient numbers and must improve the performing borrower experience if it’s to survive. Our Finance Group presents the results of our survey of players in the CMBS...more

K&L Gates LLP

Commercial Mortgage Loans and CMBS: Developments in the European Market – Chapter 7

K&L Gates LLP on

When this Chapter was published in the preceding edition to this book in 2012, the main focus of the discussion on intercreditor agreements was the A/B intercreditor as such senior/junior lender arrangement was, and for the...more

K&L Gates LLP

Commercial Mortgage Loans and CMBS: Developments in the European Market – Chapter 5

K&L Gates LLP on

As highlighted throughout this book, a significant development in the capital markets over the last two decades has been the arrival of real estate debt on the global stage as an asset class in its own right. Based on its...more

K&L Gates LLP

Commercial Mortgage Loans and CMBS: Developments in the European Market – Chapter 18.3

K&L Gates LLP on

This Chapter, through a legal analysis of the new legislation changes that recently occurred in Italy and the main enforcement procedures and best practices seen in the Italian Market as utilised by international lenders,...more

K&L Gates LLP

Commercial Mortgage Loans and CMBS: Developments in the European Market – Chapter 13

K&L Gates LLP on

In 2012, the last edition of this book included a Chapter on the evolving role of issuers and trustees in European CMBS transactions. Such a Chapter would probably not have been considered necessary in the 2006 first edition....more

K&L Gates LLP

Commercial Mortgage Loans and CMBS: Developments in the European Market – Chapter 11

K&L Gates LLP on

In the last edition of this title, in 2012, a view point was taken that loan servicers were front and centre of European CRE loan workouts and restructurings in the post GFC era and their role would become increasingly more...more

K&L Gates LLP

Commercial Mortgage Loans and CMBS: Developments in the European Market – Chapter 1

K&L Gates LLP on

Commercial real estate (CRE) is a tremendously important asset, as the content of this book will discuss. However, the CRE lending and commercial mortgage-backed securities (CMBS) markets are, at the time of writing, largely...more

Greenberg Glusker LLP

CMBS Loans In Hard-Hit Detroit, Cleveland, Take Creativity

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Kenneth Fields was quoted in Andrew McIntyre’s Law360 article looking at hard-hit markets, including Detroit and Cleveland, that are having difficulty refinancing commercial mortgage-backed securities (CMBS) loans as the...more

Dickinson Wright

Commercial Mortgage Options Expanding – Borrowers to Benefit?

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Anyone working in the commercial real estate mortgage industry in the past five or six years is eager for signs of a sustained recovery. Having just returned from the Mortgage Bankers Association Commercial Real Estate...more

Baker Donelson

CMBS Pre-negotiation Agreements

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Pre-negotiation agreements ("PNA’s") are contractual arrangements in which a lender and a distressed borrower agree to negotiate the terms of a potential workout or settlement. The primary purpose of a PNA is to foster an...more

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