News & Analysis as of

Property Improvements Borrowers

Cole Schotz

Material Misstatements of the “Net Sum Available”

Cole Schotz on

When a Section 22 Affidavit, discussed in earlier installments of this series, materially misstates a building loan’s “net sum available” to pay contractors for cost of improvement work, that can have substantial adverse...more

Cadwalader, Wickersham & Taft LLP

Alterations Provisions April 2022 - Alterations Provisions in Loan Documents

In real estate financing, most loan documents restrict a Borrower’s right to alter the collateralized real property. Alterations provisions in loan documents pertain to any alterations, improvements, or demolition of any...more

Woods Rogers

Preemptive Wordsmithing: Considering Future Alterations of Commercial Property at the Outset

Woods Rogers on

Borrowers often envision future alterations to enhance the economic value of the commercial real estate asset, when closing the initial loan. Such alterations can be in the form of capital improvements, tenant improvements,...more

Snell & Wilmer

Foreclosure Deficiency: Construction Loan vs. Home Improvement Loan

Snell & Wilmer on

In a recent Arizona Court of Appeals case, Helvetica Servicing, Inc., v. Pasquan, 2019 WL 3820015, (8/15/19), the Court of Appeals addressed the distinction between (1) a construction loan (or refinance of same) and (2) a...more

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