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Poyner Spruill LLP

The Importance of SNDAs and Estoppel Certificates

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Whenever a lender is making a commercial real estate loan secured by property which has been leased to one or more tenants, a lender will typically require a Subordination, Non-Disturbance and Attornment Agreement (SNDA).  An...more

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

Jones Day

New York Legislature Passes Bill Banning Rent Minimum Provisions in Real Estate Loan Documents

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On June 13, both houses of New York's legislature passed a bill, S1163, that prohibits "rent minimums" in real estate secured loan documents....more

Allen Matkins

LA Wildfires Client Resources

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Allen Matkins takes great pride in our California roots and strong ties to the Los Angeles community, and we are profoundly saddened by the devastation caused by the wildfires in our state. We are deeply committed to...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

Harris Beach Murtha PLLC

Help or Harm? New Legislation Aimed at Helping Tenants and Borrowers Impacted by COVID Causes Concern for Landlords and Lenders

In his recent State of the State Address, New York Governor Andrew Cuomo indicated a desire to stay mortgage foreclosures, commercial evictions and foreclosures through May 1, 2021. On March 9, 2021, the Governor’s desires...more

Pillsbury - Gravel2Gavel Construction & Real...

2021 Real Estate Trends: New Year, New Reality—A Day of Reckoning for Borrowers and Tenants

On the one-year anniversary of China’s Wuhan lockdown, COVID-19 has become a part of everyday life and as we enter the new year, real estate borrowers and lenders alike will need to understand this new normal and face the...more

Arnall Golden Gregory LLP

Why Almost Anyone - Borrowers, Lenders, Landlords, Tenants, Vendors and Others - Should Care About Recent Amendments to the...

On December 27, 2020, the Consolidated Appropriation Act (“CAA”) was signed into law. The CAA amends the Bankruptcy Code in several significant respects. Most of the amendments expire in either one or two years unless they...more

Perkins Coie

Landlords Defeat Debtors Seeking COVID-19 Rent Abatements and Deferrals

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Retail, restaurant, entertainment, and other industries have been devastated by COVID-19 and the resulting governmental orders either precluding or materially limiting operations. In that regard, retail bankruptcy filings...more

Bowditch & Dewey

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

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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

Kelley Drye & Warren LLP

Real Estate Industry Alerts Tracker - July 2020 Issue #5

HOPE Act: Congressmen Taylor, Lawson and Barr Introduce Legislation to Address the Pending Crisis in the Commercial Real Estate Market - Texas Representative Van Taylor, Florida Representative Al Lawson, and Kentucky...more

Chambliss, Bahner & Stophel, P.C.

Important New Highlights of the Main Street Lending Program

Last week, the Federal Reserve updated the terms of its Main Street Lending Program (MSLP) with its first set of guidance to expand the scope of available loan options and the pool of eligible borrowers. You can find our...more

Seyfarth Shaw LLP

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

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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

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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

Balch & Bingham LLP

Planning for the End of the Pandemic: Things Creditors Should Be Doing Now

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My seven-year-old daughter summed up the feelings of the nation and the world during dinner earlier this week: “Corona, Corona, Corona. I HATE CORONA!” (While mom and dad generally don’t allow the “h” word in our house, the...more

Lowenstein Sandler LLP

How to Use and Not Use Chapter 11 in Bad Economic Times

At the moment, the bankruptcy court may be an unfriendly place for impatient lenders. As the United States and much of the world reel from the coronavirus pandemic, many businesses’ revenues have been shut off (or close to...more

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