News & Analysis as of August 17, 2025

Loans

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

New York Lawmakers Approve Ban on Rent Minimum Clauses in Mortgage Loan Transactions: Bill Not Yet Signed Into Law By Governor

Morrison & Foerster LLP on 8/7/2025

How much chaos might a three-sentence bill that was quietly passed by the New York State legislature sow on the real estate lending industry? Potentially plenty. On June 13, 2025, a bill passed by the New York Assembly (A....more

Navigating Loan Default: Practical Strategies for Borrowers

Kohrman Jackson & Krantz LLP on 7/23/2025

Commercial mortgage delinquency rates are on the uptick. The United States economy is shrinking according to Commerce Department measurements. Economic volatility is the new norm. As borrowers navigate economic ebbs and...more

Mortgage Loan Assumptions in Commercial Real Estate Purchase Agreements

Stoel Rives LLP on 5/2/2025

Interest rates remain stubbornly high, and the forecast for rate cuts remains unclear. In this environment, commercial real estate buyers may need to consider creative financing solutions. Typically, non-cash buyers will...more

Real Estate & Construction News Roundup (3/19/25) – Data Center REITs, AI-Based Tools and CHIPS on the Chopping Block

Pillsbury - Gravel2Gavel Construction & Real... on 3/20/2025

In our latest roundup, Wells Fargo sues JPMorgan Chase, mortgage rates drop, and the life science RE market falters, and more!...more

“Giving Back the Keys:” Understanding Deeds in Lieu of Foreclosure in Commercial Real Estate

Mandelbaum Barrett PC on 2/11/2025

If you’re a commercial property owner facing the threat of foreclosure, or just skimming headlines you’ve likely seen the phrase “giving back the keys”. Although this expression may sound like an informal and straightforward...more

Let’s Fix REMIC Now!

Crunched Credit on 1/28/2025

This title may be a bit ambitious, a triumphalist embrace of hope over experience? But it’s time for the effort to be made....more

The Corporate Transparency Act: Considerations for Special Purpose Entities in Commercial Real Estate Transactions

Seyfarth Shaw LLP on 5/9/2024

Corporate structures in commercial real estate transactions can often be very complex and involve layers of entities. Special purpose entities that are bankruptcy remote (“SPEs”) are frequently used in commercial real estate...more

New Law Will Soon Improve Commercial Receivership Rules, Appointment Process in Connecticut

McCarter & English, LLP on 6/23/2023

Lenders, investors, and mortgage servicers will have a more favorable and standardized framework for protecting their interests in distressed debt when applying for appointments of commercial receivers beginning July 1, 2023,...more

The Great Repricing: Commercial Real Estate Eyes the Abyss

Cozen O'Connor on 6/9/2023

The U.S. commercial real estate market, valued at $20 trillion in 2021 by some estimates, touches nearly every facet of urban and suburban dwellers’ lives – from where they live (multi-family housing or apartment buildings)...more

Preparing for the Coming Storm: CMBS Litigation and Securities Enforcement

King & Spalding on 12/22/2020

The Commercial Mortgage Market Since the Covid-19 Pandemic - The COVID-19 pandemic has caused disruption to many facets of what was once everyday life. As Americans sheltered in place, brick-and-mortar retail shopping and...more

Commercial Mortgage Loans and CMBS: Developments in the European Market – Chapter 20

K&L Gates LLP on 12/14/2016

In late 2011 and early 2012, the fragile green shoots of recovery began to peek out from the barren blasted heath of the crisis-blown financial markets. Market activity was spurred by a rare confluence of secular trends,...more

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