News & Analysis as of

Real Estate Development Loans

Blake, Cassels & Graydon LLP

Coentreprises : Considérations en matière de financement et pièges potentiels

Si vous êtes un investisseur, un promoteur ou un prêteur dans une coentreprise qui se propose de financer le bien immobilier faisant l’objet de la coentreprise, il est important de protéger vos intérêts en soupesant les...more

A&O Shearman

EBA final guidelines on ADC exposures to residential property under CRR

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The European Banking Authority (EBA) has issued its final guidelines, accompanied by a press release, on the treatment of acquisition, development and construction (ADC) exposures to residential property under Article 126a of...more

Morris, Manning & Martin, LLP

Assessing the Impact of Georgia House Bill 586 on Loan Intangible Taxes

For anyone operating in the commercial real estate sector in Georgia, one of the most impactful legislative developments of 2025 is the enactment of HB 586, which amends the state's intangible recording tax. Historically,...more

King & Spalding

Southern District of New York Allows Fraudulent Transfer Claims Accusing JPMorgan and Others of Scheme, Dismisses Claims for...

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On March 27, 2025, the U.S. District Court for the Southern District of New York largely denied a motion to dismiss fraudulent transfer and tortious interference claims arising out of a dispute over the financing and...more

Ballard Spahr LLP

Colorado Ramps Up Workforce Housing Push Amid ‘Acute’ Shortage Also Seen Nationally

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Colorado is addressing a dearth of middle-income housing on multiple fronts, while other states are also realizing and responding to the need for more affordable housing for workforce families and individuals....more

Ankura

What is C-PACE Financing?

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Commercial Property Assessed Clean Energy Financing, or C-PACE Financing, is an innovative financing mechanism that enables commercial property owners to fund energy-efficient, renewable energy, and water conservation...more

Amundsen Davis LLC

Recognizing When to Engage Counsel in Commercial Lending Transactions

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Automated loan software can be effective for documenting consumer loans and some basic low-value commercial loans. However, most commercial transactions require greater attention on the front end than simple form generation....more

Morgan Lewis

Kazakhstan Government Amends Rules for Investment Project Qualification for Granting Rights to Land Plots from the State

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The Kazakhstan government recently amended the list of requirements that must be met by investors when applying for local authorities’ consent to allocate land plots for investment project implementation....more

Stikeman Elliott LLP

Real Estate in Canada – Law and Practice

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1. General - 1.1 Main Sources of Law - Under Canada’s federal constitution, laws relating to real estate fall almost exclusively within provincial jurisdiction. Specifically, each Canadian province enacts its own...more

Tonkon Torp LLP

Covenants in Development Financing – What to Expect

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Loan financing is a cornerstone of real estate development. It’s a rare project that has captive capital to finance the entire project, and many investors expect that their contributions will be leveraged with debt financing....more

Ballard Spahr LLP

New Jersey Enacts Groundbreaking Charter School Financing Law

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The state of New Jersey has enacted a groundbreaking law granting public charter schools and renaissance schools access to low-interest financing through the Public Charter and Renaissance School Facilities Loan Program. This...more

DarrowEverett LLP

Converting Office Space to Housing? There Are Incentives For That

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With housing availability at record lows in many communities across the U.S., including gateway cities such as New York, and commercial office space still not fully recovered from the COVID-19 pandemic, the federal government...more

Seyfarth Shaw LLP

White House Implements Plans to Facilitate Office-to-Residential Conversions

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Seyfarth Synopsis: With the cooperation of federal agencies such as the Department of Housing and Urban Development (HUD) and the Department of Transportation (DOT), the White House has established plans to use grants and...more

Cadwalader, Wickersham & Taft LLP

Building Safety Act 2022: What Lenders Need to Know

The enactment of the Building Safety Act 2022 (the “Act”) in the United Kingdom brings about significant changes to building safety regulations. While the Act primarily aims to enhance building safety standards, it also...more

Rivkin Radler LLP

Debt or Equity? The Never-Ending Question For Closely Held Businesses

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What Was Intended? Transactions between commonly controlled, closely held businesses are often conducted in an informal manner. This is unfortunate because, in the absence of documentation, it is sometimes difficult to...more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate & Construction News Roundup (05/23/23) – Distressed Prices, Carbon Removal and Climate Change

In this week’s roundup, we consider distressed property bonds and loans, cities that are sinking under their own skyscrapers, efforts to lower carbon emissions, the unexpected potential of dirty diapers as a building...more

Cadwalader, Wickersham & Taft LLP

Something Special, April 2021 | Issue No. 23 - Don’t Be Cruel: Appellate Division Upholds Waiver of Fiduciary Duties But Denies...

Can contracting parties waive all common law fiduciary duties? That was one of the questions presented to the New York Supreme Court, Appellate Division, First Department (the “Court”) in 111 West 57th Investment LLC, on...more

Bricker Graydon LLP

Ohio returns to funding spec-based commercial & industrial development

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In 2020, Ohio’s development officials are again awarding grants to fund commercial and industrial development projects that don’t have known end users. JobsOhio is now in the midst of launching a $50 million per year grant...more

Lowndes

The Risks Of Unnecessary Fla. Property Improvement Notices

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There’s no doubt about it, the U.S. real estate market is strong. With low interest rates and low unemployment rates, it is not surprising that the National Association of Realtors included parts of Florida among the top 10...more

White & Case LLP

European Real Estate Finance: Recent developments – June 2019

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As part of our periodic updates, here is an overview of recent developments of relevance to participants in the real estate finance market across certain key jurisdictions in Europe....more

Cadwalader, Wickersham & Taft LLP

Agencies Propose Amendments Relaxing Capital Requirements for ADC Loans

On September 18, 2018, the three federal banking agencies – the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation – jointly...more

Carlton Fields

Proposed Rule Changes to Florida’s Affordable Housing Allocation and Funding Process

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The Florida Housing Finance Corporation (“Florida Housing”) has proposed changes to its rules governing the affordable housing allocation and funding process. The changes are to Rule Chapters 67-21, 67-48, and 67-60, F.A.C....more

Lathrop GPM

U.S. Supreme Court Affirms Decision Excluding Guarantors from ECOA Protection

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4-4 Decision Keeps Issue Unresolved Outside of 8th Circuit - On March 22, 2016, the U.S. Supreme Court affirmed the decision of the 8th Circuit Court of Appeals in favor of Lathrop & Gage LLP client Community Bank of...more

Balch & Bingham LLP

Reach of Contractual Jury Trial Waivers Narrowed By Alabama Supreme Court

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In Ex Parte Acosta, No. 1140200, — So. 3d —, No. 1140200, 2015 WL 3537476 (Ala. June 5, 2015), the Alabama Supreme Court refused to incorporate a jury trial waiver from a collateral loan document into a Promissory Note. ...more

Troutman Pepper

Title Insurance: When Does a Construction Lender “Create” or “Suffer” a Mechanics Lien?

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BB Syndication Services, Inc. v. First American Title Ins. Co., 785 F.3d 825 (7th Cir. 2015) – A construction lender sued a title insurance company seeking defense and indemnification in connection with claims in a...more

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