Flexible Real Estate Financing Solutions for Storage Projects With Laura Pagliarulo, SolaREIT — Battery + Storage Podcast
Build Out Or Buy? Financing Real Estate Transactions in Healthcare Practices
The State of New York is once again taking Policy 103 Exemption Applications from municipal bond issuers and will pursue enforcement actions against issuers that fail to comply with timely filing of their applications, ending...more
Due to widespread population growth, job creation and long-term rental demand, Florida continues to attract multifamily development. However, Florida’s regulatory framework, insurance environment and lender expectations can...more
The U.S. Department of Housing and Urban Development (HUD) recently took concrete steps toward addressing industry concerns and uncertainty related to the Claims Without Conveyance of Title (CWCOT) foreclosure bidding...more
In Wells Fargo Bank, N.A. v. Mitselmakher et. al., the Supreme Court of New York, Richmond County held that Wells Fargo Bank (“Plaintiff”) had standing to foreclose and demonstrated through admissible business records that...more
Canada’s anti-money laundering (AML) regime is undergoing a significant transformation, particularly in the real estate and mortgage sectors. These reforms span both provincial and federal levels, significantly expanding...more
In today’s higher‑rate, low‑tolerance market, legal issues and ambiguities in due diligence quickly show up in a buyer’s or lender’s model as lower loan proceeds, required cash set‑asides, and delays....more
One of the clearest takeaways from this year’s CREFC Conference was that today’s transaction slowdown is not being driven by a lack of debt capital. To the contrary, debt is plentiful across the capital stack. The real...more
This third instalment of our five-part series offering insights into CRE back-leverage examines the terms most frequently negotiated when documenting back-leverage transactions in Europe....more
Tenant estoppel certificates play a critical role in commercial real estate transactions by providing purchasers and lenders with direct confirmation from tenants regarding key lease terms. In many respects, estoppels operate...more
Twice a year, Herbert Smith Freehills Kramer hosts “Rethinking Real Estate,” an invitation-only event where industry experts discuss the latest in New York City’s commercial real estate (CRE) sector and the economic forces...more
European real estate investors are preparing for more activity in 2026, with an acceptance that macro headwinds are now risk-allocated like any other underwriting consideration. Debt capital is available, but high-quality new...more
This second instalment of our five-part series examines the practical and legal considerations shaping back-leverage transactions in Europe. Building on the structural overview in Part One, this article focuses on how...more
With funding streams under threat, many not-for-profit organizations in New York City are looking to their real estate holdings to find creative solutions to help drive revenue. On October 15, Herbert Smith Freehills...more
Imagine this: A national retail chain signs a 25-year ground lease to build a flagship store on a prime urban parcel. The tenant will spend millions constructing the building, installing fixtures, and customizing the space,...more
As debt funds continue to expand their footprint in the European commercial real estate (CRE) market, the use of back-leverage – long established in the US – is increasingly influencing how transactions are structured and...more
New York Real Property Law § 291-f provides that where a recorded mortgage, or an instrument relating to such mortgage, contains an agreement referring to § 291-f and restricting the mortgagor’s right, without the mortgagee’s...more
EXPO REAL 2025 marked a major shift in the real estate investment landscape, as industry leaders began to take action despite ongoing geopolitical uncertainty. Key conference themes included the evolution of risk assessment,...more
As described in our client alert dated August 6, 2025 (the “NY Rent Minimum Bill Alert”), a bill was passed by the New York Assembly (A. 174) and Senate (S.1163) that could have major ramifications for the real estate finance...more
Recent activity in the data center market has renewed focus on the tension between the long-term nature of hyperscale leases, which often span 15 to 20 years, and tenants’ growing demand for termination rights. In response,...more
Our monthly regulatory newsletter monitors all relevant developments regarding German and European regulatory law in English language. BaFin: Publication of Circular 10/2025 (BA) on the SNCI status (Veröffentlichung des...more
In our previous article, in order to provide some background as to data centres as an asset class, we looked at data centres' real estate fundamentals, where in the world they are located, and different types of data centre. ...more
In welcome news for the industry, lenders and developers, on September 23, 2025, the Federal Housing Administration’s (FHA) Office of Multifamily Housing Programs published a Federal Register final notice that reduces...more
Senior credit facilities serve a critical role in the capital stack of a public real estate investment trust (REIT). To qualify as a REIT for federal tax purposes, a company must distribute at least 90% of its taxable income...more
As mentioned in the inaugural post of The Carveout, non-recourse loans will include a non-recourse carveout providing protection for the lender in the event the transfer provisions in the loan documents are violated. The...more
On July 4, 2025, the President signed into law a reconciliation bill that is referred to as the One Big Beautiful Bill Act (“OBBBA”). In significant part, the OBBBA extended or made permanent various provisions of the Tax...more