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Lenders › Foreclosure › Commercial Loans

Hinshaw & Culbertson - Consumer Crossroads

Rent Receivership in Connecticut: Legal Strategies for Servicers and Owners of Non-Performing Commercial Loans

Hinshaw & Culbertson - Consumer Crossroads on

Servicers and owners of non-performing commercial loans may seek the appointment of a rent receiver to manage cash flow and keep utilities and property vendors current during the pendency of a foreclosure. Connecticut...more

Balch & Bingham LLP

Alabama Enacts Uniform Commercial Receivership Act

Balch & Bingham LLP on

On May 15, 2024, Alabama became the thirteenth state to adopt a version of the Uniform Law Commission’s Uniform Commercial Real Estate Receiver Act (the “Act”). The Act seeks to bring more direction and clarity to...more

Stark & Stark

Commercial Foreclosures in Pennsylvania: How Deal Formation Impacts Litigation

Stark & Stark on

The fact that commercial transactions can very easily become complex is not a novel statement. When financial institutions lend money to commercial entities, the basic documentation required to evidence the loan, promise to...more

Kohrman Jackson & Krantz LLP

Rising Vacancy Rates in Downtown Office Buildings May Cause Wave of Commercial Foreclosures

Kohrman Jackson & Krantz LLP on

The COVID-19 pandemic has brought about significant changes in work dynamics, leading to a rise in vacant office buildings across the United States. Remote work arrangements and the adoption of flexible work models have...more

Miller Nash LLP

Sales under the Oregon Receivership Code as an Alternative to Foreclosure

Miller Nash LLP on

Commercial loan documents typically include provisions granting a lender the right to obtain appointment of a receiver following a loan default. Historically, these provisions were most often used by lenders to put in place a...more

Perkins Coie

Oregon COVID-19-Related Borrower Protections Signed Into Law

Perkins Coie on

Oregon Governor Kate Brown signed House Bill 4204 (HB 4204) into law on June 20, 2020. The new statute affects lenders of both commercial and residential loans secured by Oregon real estate. It requires lenders to defer loan...more

Harris Beach Murtha PLLC

Covid-19 Impact On Commercial Foreclosures In Massachusetts And Connecticut

Harris Beach Murtha PLLC on

Lenders have already begun, and will continue to face, difficult conversations with distressed borrowers who have been impacted by the coronavirus crisis (“COVID-19”). The following offers some practical considerations that...more

Woods Rogers

Guarantor Provisions to Negotiate in Non-Recourse Financing

Woods Rogers on

Many commercial real estate loans are “non-recourse,” which means in general terms that foreclosing on the real estate securing the loan is the lender’s sole remedy for a borrower’s failure to repay the loan.  The lender is...more

Poyner Spruill LLP

Secured Lenders – Stay on Top of the Law or Proceed at Your Own Risk

Poyner Spruill LLP on

For years, the typical post-default strategy of secured lenders has been to foreclose the collateral through the power-of-sale contained in the deed of trust, credit the foreclosure proceeds to the outstanding loan balance,...more

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