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Lenders 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

Eversheds Sutherland (US) LLP

When “preserving value” isn’t enough: what Broadway Realty teaches about lender rights in bankruptcy

A recent decision from the US Bankruptcy Court for the Southern District of New York has drawn a sharp line for real estate owners seeking to use lender cash in bankruptcy.1 In denying Broadway Realty’s motion to access...more

Ballard Spahr LLP

Greetings from CREFC Miami

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The Ballard Spahr Team was thrilled to be here in Miami at the CREFC Conference and we wanted to share some day one takeaways with our clients and friends....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

Miller Canfield

When do Secured Lenders Have to Pay for Operating Expenses?

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Secured lenders whose commercial loans are in default often face a serious question: should they allow a commercial property’s expenses to be paid, potentially increasing their losses? Or should they minimize their immediate...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - March 2021 #1

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The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - December 2020 #1

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The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - November 2020 #3

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...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

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - November 2020 #2

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - November 2020 #1

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - October 2020 #3

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - October 2020 #2

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

K&L Gates LLP

COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - September 2020 #1

K&L Gates LLP on

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have...more

Tonkon Torp LLP

New Law Prohibits Foreclosures In Oregon Until September 30, 2020

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During the special session held between June 24 and June 26, the Oregon legislature passed, and Governor Brown signed into law, HB 4204, which prohibits foreclosures in Oregon from March 8, 2020 until September 30, 2020. It...more

Lowndes

Governor DeSantis Extends Moratorium on Evictions and Foreclosures until July 1

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Yesterday, Florida Governor Ron DeSantis extended, for a second time, a previous executive order that suspended and tolled any Florida Statute that allows landlords to evict residential tenants for non-payment of rent, and...more

Spilman Thomas & Battle, PLLC

Watch List - Proposed Rent and Mortgage Cancellation Act of 2020 Suspends Payments During Pandemic but Requires Landlords and...

On April 17, a bill was introduced in the United States House of Representatives seeking to create the Rent and Mortgage Cancellation Act of 2020. The primary feature of the bill is it would suspend all rent and mortgage...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

Seyfarth Shaw LLP

UPDATE: District of Columbia COVID-19 Response Supplemental Emergency Amendment Act of 2020: What it Means for Real Estate

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Seyfarth Synopsis: Mayor Muriel Bowser (the “Mayor”) signed an update to the recent Response Emergency Amendment Act of 2020 (the “Act”) entitled COVID-19 Response Supplemental Emergency Amendment Act of 2020 (the...more

Ballard Spahr LLP

Advice to Companies Engaging in Restructuring Documents With Lenders and Landlords

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We are currently at the beginning of an economic downturn being driven by a worldwide, viral pandemic that has resulted in an abrupt and massive disruption of normal business....more

Alston & Bird

COVID-19: What It May Mean for Landlords and Lenders Under Their CRE Facility Agreements

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Our London Finance team highlights some of the potential defaults that may arise under CRE facility agreements and some other issues that may need to be tackled as the impact of the coronavirus pandemic continues to filter...more

Womble Bond Dickinson

Tax Trap: Don't Overlook Occupancy in Property Assessments

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Assessors too often value newly constructed apartments as fully occupied, producing excessive tax assessments. Developers frequently ask how to estimate property taxes on newly constructed multifamily properties, and tax...more

Shutts & Bowen LLP

Court stops foreclosing lender from getting rents collected by property owner

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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

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