News & Analysis as of

Real Estate Transactions Lenders

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit reverses a district court’s ruling on homeowner agreement

On August 7, the U.S. Court of Appeals for the 9th Circuit reversed a district court’s dismissal of a putative class action brought by two homeowners who alleged violations of Washington’s Consumer Protection Act (WCPA). The...more

Allen Matkins

What can borrowers navigating loan renewals do to reach favorable solutions with lenders in the face of high refinancing costs?

Allen Matkins on

“Be honest and forthcoming with your existing lender about your needs and your specific plan for the project. Offer cost-cutting measures and explain how you will reduce leverage over time. Be responsive to lender requests...more

Morrison & Foerster LLP

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

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

DarrowEverett LLP

Tenant Estoppel Certificates: Navigating Risks, Responses and Leverage

DarrowEverett LLP on

When it comes to the sale or financing of real property, tenant estoppel certificates are not just formalities—they are crucial documents that confirm the status of existing leases. Tenant estoppel certificates offer...more

Lowndes

Buying Distressed Real Estate in Florida: 6 Strategies Every Investor Should Know

Lowndes on

This article is the first in a multi-part series based on the Lowndes white paper, “Selling & Acquiring Distressed Real Estate in Florida.” Each installment will examine key legal and strategic considerations for acquiring...more

Harris Beach Murtha PLLC

Fannie Mae: New Title, Closing Requirements for Multifamily Mortgages

For the past few years, Fannie Mae, Freddie Mac and the Federal Housing Finance Agency have investigated suspect fraudulent deals. After the great financial crisis, several regulations were implemented to increase the number...more

Ballard Spahr LLP

Senate Passes House Version of Trigger Leads Bill

Ballard Spahr LLP on

As previously reported, both the House and Senate passed bills to ban “trigger leads,” except in limited circumstances, although the versions of the bills that were previously passed are slightly different. The one difference...more

Cadwalader, Wickersham & Taft LLP

Rates Stay Steady, Markets Are Steaming— Hot Fun in the Summertime, July 2025 - Integrated Amplifier: No-Appointment of a Receiver...

In a recent decision in New York County Supreme Court, the Court granted the plaintiff lender’s pre-summary judgment motion to appoint a receiver in a mortgage foreclosure action, even though the defendants (borrower)...more

Tucker Arensberg, P.C.

Beyond the Surface: Hidden Title Issues That Can Halt Your Foreclosure

Tucker Arensberg, P.C. on

In order for a lending institution to successfully take real estate through foreclosure litigation and have the real estate sold at a sheriff sale, the property needs to have a clear title. What many do not understand is that...more

Lowndes

A Deeper Dive into Florida’s Statutory Definition of “Land” and Advanced Structuring Techniques

Lowndes on

Sequel to Land Condominiums: A Powerful Tool for Accelerated Development and Financing Flexibility - The enthusiastic feedback we received on our overview article confirmed a widespread appetite for drilling further into...more

Jones Day

New York Legislature Targets Real Estate Lenders To Lower Rents

Jones Day on

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

Troutman Pepper Locke

New York Court of Appeals to Review FAPA’s Constitutionality and Retroactive Application

Troutman Pepper Locke on

As a follow up to our May post, FAPA in the Spotlight Again: Second Circuit Renews Call for NY Court of Appeals Review, the New York Court of Appeals has finally agreed to consider New York’s Foreclosure Abuse Prevention...more

Tonkon Torp LLP

Checking in on the Portland Metro Residential Real Estate Market

Tonkon Torp LLP on

The June 2025 Market Action Report for the Portland metropolitan area, published by RMLS, describes a residential real estate market that is steady, if subdued, with slight pricing increases and modest shifts in transactional...more

Kohrman Jackson & Krantz LLP

Navigating Loan Default: Practical Strategies for Borrowers

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

Ballard Spahr LLP

Putative Class Action Lawsuit Filed Against loanDepot Alleging Loan Originator Compensation Rule Violations

Ballard Spahr LLP on

Recently, a complaint was filed against loanDepot.Com, LLC (“loanDepot”) in the U.S. District Court for the District of Maryland alleging violations of the Truth in Lending Act (TILA)/Regulation Z loan originator compensation...more

Jones Day

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

Jones Day on

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

Miles & Stockbridge P.C.

Fannie Mae Updates Multifamily Loan Documents

Fannie Mae recently announced updates to its Multifamily Loan Documents with Lender Letter (25-04). Since that time, Fannie Mae released a revised Lender Letter (25-04R) that changed the mandatory date for use of the loan...more

Ballard Spahr LLP

Congress Passes Legislation to Help Protect Veterans from Foreclosure by Reauthorizing Partial Claims with VA Home Loans

Ballard Spahr LLP on

The U.S. Senate recently passed H.R. 1815, the VA Home Loan Program Reform Act, to reauthorize partial claims with U.S. Department of Veterans Affairs (VA) guaranteed home loans. The U.S. House of Representatives passed the...more

A&O Shearman

Ban on upwards only rent reviews—a major shake-up for commercial real estate?

A&O Shearman on

Without prior consultation, the UK government has introduced a significant reform to the commercial property landscape through the English Devolution and Community Empowerment Bill (the Bill), published on July 10, 2025. ...more

Shipman & Goodwin LLP

Connecticut’s Release-Based Cleanup Program: 10 Key Issues

Shipman & Goodwin LLP on

As Connecticut transitions away from the Transfer Act to a release-based cleanup program, developers, lenders, investors, owners, and tenants must quickly adapt to a significantly different regulatory environment. This...more

Troutman Pepper Locke

Georgia Amends Intangible Recording Tax Statute and Expands Loans Exempt from Tax

Troutman Pepper Locke on

On May 9, Governor Brian Kemp signed House Bill 586, revising the definition of “long-term note[s] secured by real estate” that are subject to the intangible recording tax. Under current law, long-term notes are considered...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

Orrick, Herrington & Sutcliffe LLP

Rhode Island updates mortgage licensing provisions

On June 24, the governor of Rhode Island signed into law H 5811 to amend the Secure and Fair Enforcement for Mortgage Licensing Act of 2009. The amendment changes the law to prohibit an individual who is licensed as both a...more

Orrick, Herrington & Sutcliffe LLP

Senate passes bill to amend the FCRA

On June 12, the U.S. Senate passed S. 1467, the Homebuyers Privacy Protection Act, which would amend Section 604(c) of the FCRA by adding new limitations on prescreening reports....more

Hinshaw & Culbertson - Consumer Crossroads

Rent Receivership in Connecticut: Legal Strategies for Servicers and Owners of Non-Performing Commercial Loans

Servicers and owners of non-performing commercial loans may seek the appointment of a rent receiver to manage cash flow and keep utilities and property vendors current during the pendency of a foreclosure. Connecticut...more

103 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide