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Borrowers Rental Property

Jones Day

New York Legislature Targets Real Estate Lenders To Lower Rents

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In an effort to protect small businesses from high rents, on June 13, both houses of New York's legislature passed a bill, S1163, that prohibits "rent minimums" in real estate secured loan documents. As of this writing, this...more

Porter Hedges LLP

Real Estate Planning Tips: What is Cancellation of Indebtedness ("COD") Income?

Porter Hedges LLP on

The commercial real estate market is in the process of adjusting to lower property valuations. Much recent focus has been on office buildings, and the fallout from enduring reductions in occupancy associated with remote and...more

Katten Muchin Rosenman LLP

Why a Source of Rescue Capital May Already Be in the Deal

One need look no further than the spate of half-empty office buildings, closed retail stores and rising interest rates (which have impacted even well-performing asset classes) to see that commercial real estate (CRE) owners...more

Coblentz Patch Duffy & Bass

Impact of Recent Bank Failures on Borrowers, Landlords, and Other Stakeholders

By now, most will have heard the news that all deposits at Silicon Valley Bank have been made available to depositors. The Federal Deposit Insurance Corporation (FDIC), in a series of joint statements issued with the U.S....more

Bowditch & Dewey

Massachusetts Commits $171MM for Programs to Help Tenants and Landlords Impacted by COVID-19

Bowditch & Dewey on

As we have previously reported, in March the Commonwealth instituted an eviction and foreclosure moratorium which, among other things, provided a financial backstop for landlords effected by their tenants’ inability to make...more

Sheppard Mullin Richter & Hampton LLP

Residential Eviction Protections and California Consumer Financial Protections Pass Muster During 2020 Legislative Session

During the eleventh hour of the 2020 legislative session, the California Legislature approved 2 significant bills in response to the COVID-19 pandemic with the potential to have far-reaching ramifications for mortgage...more

Mintz - Real Estate, Construction &...

Executive Orders, Administrative Court Orders, and Legislation: The Ever-Changing NY Landscape on Foreclosures, Evictions, and...

The landscape for foreclosures and evictions in New York State is constantly evolving. With the entire State of New York in Phase 4 of New York Forward, the courts have begun to reopen (at least virtually) and certain...more

Seyfarth Shaw LLP

A Roadmap for CRE Loan Document Review in connection with Waiver, Forbearance and Modification Requests During the COVID-19...

Seyfarth Shaw LLP on

As income streams are interrupted due to loss of rents in the midst of business closures during the continuing pandemic, many borrowers are reaching out to their lenders to discuss debt service and other relief under their...more

Seyfarth Shaw LLP

New Rent Reduction Laws Proposed in New York May Be Better for Landlords, But May Still Be Challenged

Seyfarth Shaw LLP on

As discussed in prior updates, lawmakers in New York previously introduced bills that would, if enacted, temporarily suspend rent payments for certain residential and small business commercial tenants unable to pay rent due...more

Shutts & Bowen LLP

Court stops foreclosing lender from getting rents collected by property owner

Shutts & Bowen LLP on

It’s common for a commercial loan to include an “assignment of rents,” by which the borrower assigns to its lender the rents it gets from the property securing the loan.  In Florida, there’s a statute that governs how an...more

Foley & Lardner LLP

Sixth Circuit Court of Appeals Affirms Rights to Lenders to Assigned Rents

Foley & Lardner LLP on

On June 15, 2018, the U.S. Court of Appeals for the Sixth Circuit affirmed a decision of the U.S. District Court for the Eastern District of Michigan, holding that rents collected by a receiver during the redemption period...more

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