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Jones Day

New York Legislature Passes Bill Banning Rent Minimum Provisions in Real Estate Loan Documents

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On June 13, both houses of New York's legislature passed a bill, S1163, that prohibits "rent minimums" in real estate secured loan documents....more

Cozen O'Connor

Hundreds of Millions Lost by Seniors Due to Bankruptcies Filed by CCRC Communities

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The Wall Street Journal has reported that recent bankruptcies nationwide in the Continuing Care Retirement Community (CCRC) segment of the long-term care marketplace have resulted in residents losing their buy-in deposit....more

Ballard Spahr LLP

HUD Rescinds Various FHA Mortgage Loan Requirements

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Recently the U.S. Department of Housing and Urban Development (HUD) rescinded various FHA mortgage loan requirements in a series of five Mortgagee Letters....more

Goulston & Storrs PC

Different Sectors, Same Page

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I recently attended the IMN Distressed CRE Forum in New York, alongside my colleagues Brian Cohen, Zev Gewurz and Doug Rosner.  It was great to connect with and hear from people across many different places in the industry,...more

Ballard Spahr LLP

CREFC Miami Takeaways

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Days two and three of the CREFC Conference in Miami were active for the Ballard Spahr Team, with the highlight being our annual reception attended by more than 220 guests. In follow-up to our day one summary alert, we wanted...more

Ballard Spahr LLP

Developing Opportunistic Real Estate Lending Market Poised to Thrive

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A unique set of conditions appear to be setting up a market that is primed for opportunistic real estate lending and investing opportunities with private credit positioned to thrive. Higher interest rates, increased operating...more

Cadwalader, Wickersham & Taft LLP

National Security and Investment Act 2021, Part 4 – Impact on the Real Estate Finance Market

In this month’s edition of REF News and Views we are going to wrap up our series on the National Security and Investment Act 2021 (the “NSI Act”) and explore the NSI Act’s impact on the real estate finance (“REF”) market....more

Goulston & Storrs PC

What’s on the Horizon for Commercial Real Estate Loans?

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Like many of you, we are seeing a significant increase in commercial real estate (“CRE”) loan workouts. The magnitude of the swell in distressed CRE loans remains unclear, although one thing is certain: appreciating the...more

Cadwalader, Wickersham & Taft LLP

How to Prepare for a Real Estate Enforcement in Europe, Part 2 – The Importance of Valuation in Enforcements

Former British Prime Minister Tony Blair once famously declared that “our top priority was, is and always will be education, education, education.” To adopt this mantra in an enforcement context, for lenders the top priority...more

Cadwalader, Wickersham & Taft LLP

How to Prepare for a Real Estate Enforcement in Europe, Part 1

This is the first article in our mini-series on European real estate enforcements and restructurings. Given the continued financial stress being experienced across the global economy, we expect that lenders in the real estate...more

Morgan Lewis

When Is a Guaranty Claim Reduced by Recovery in a Debtor’s Bankruptcy Case?

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Consider a lender that extends a term loan in the amount of $1 million to an entity debtor. The loan is guaranteed by the debtor’s owner. If both the debtor and the guarantor become subject to bankruptcy cases, it is settled...more

Goodwin

2021 Real Estate Capital Markets Conference Recap

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2020 was a challenging year, to say the least. The real estate industry continues to feel the effects of the global COVID-19 pandemic and subsequent economic consequences going into 2021 as industry leaders are still...more

Ballard Spahr LLP

Fannie Mae and Freddie Mac announce adverse market LLPA

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On August 12, 2020, Fannie Mae and Freddie Mac announced that the cost to originate and to deliver single family limited cash out refinances and cash out refinance mortgage loans would increase by one half of one percent...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

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Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Orrick, Herrington & Sutcliffe LLP

Distress in Commercial Real Estate - Considerations for the CRE Warehouse Market

There has been increasing use in Europe by non-bank lenders of warehouse finance in the commercial real estate (CRE) lending market. These private financing structures are used by non-bank CRE lenders such as real estate debt...more

Polsinelli

Polsinelli Represents Lender in Originating Sharia'h Compliant Financing of Commercial Real Estate Secured by Assisted Living...

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As commercial real estate investment has increasingly become global in nature, banks and other lenders are likely to see Sharia’h compliant financing opportunities in markets across the United States. ...more

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