News & Analysis as of August 16, 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 +

Lien on Me – How an Attorney Can Help Secure Your Debt

Stotler Hayes Group, LLC on 3/14/2025

Too often creditors are faced with accounts that are seemingly uncollectable. If the debtor had money on hand to pay, presumably they would not have incurred the debt at all, right? Especially in the realm of medical debt,...more

IRS Private Letter Ruling Says CPACE Loans Qualify for REMIC Transactions

Cadwalader, Wickersham & Taft LLP on 7/25/2024

The IRS recently concluded that certain commercial property assessed clean energy (“CPACE”) assets are “obligations . . . secured by an interest in real property” under Code Section 860G(a)(3) in a private letter ruling...more

Acquiring Distressed Real Estate Mezzanine Debt: A Diligence Checklist

Pillsbury - Gravel2Gavel Construction & Real... on 11/17/2022

We recently discussed the importance of diligence when acquiring distressed commercial mortgage loans, providing a diligence checklist for the process. Given that any foreclosing mezzanine lender may step “into ownership” if...more

The Title Reporter — Fall 2021

Rivkin Radler LLP on 9/28/2021

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •An appellate court in California has ruled that the state’s Quiet Title Act insulated a third party from the...more

Keeping “PACE” in Commercial Real Estate Improvements: A Primer on the New Washington Commercial Property Assessed Clean Energy...

K&L Gates LLP on 6/17/2020

Commercial property owners in the state of Washington may soon have access to a new source of funding for energy efficiency, renewable energy, and resiliency improvements to their buildings. Washington’s C-PACER legislation...more

Bibbidi Bobbidi Boo: Eminent Domain Needs More Than a Magic Wand to Overcome Title Defects

K&L Gates LLP on 7/25/2013

Oh, if it only were that easy. A city seizes “underwater” residential mortgage loans through eminent domain, waves its magic wand, says Abracadabra or Bibbidi Bobbidi Boo, and then the mortgage lien of the prior loan holder...more

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