Features

Recently the United States District Court for the Southern District of New York grappled with issues relating to local zoning restrictions on houses of worship.

Features

This article discusses several topics that lenders should consider when making loans to borrowers that are indirectly funded using crowdfunded equity.

Features

Valuation of real estate during contemporary times is challenged and will continue to be so for several years. In a forced sale, a court should only consider pre-COVID-19 data whether it be comparable sales from 2018-2019, or financial data from the same period.

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In states where they are enforced, a properly drafted confession of judgment clause in a commercial lease can be one of the most valuable tools in a landlord's toolkit for enforcing its leases and preserving its remedies.

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Significant concerns aren't necessarily issues caused by real estate lending, borrowing or underwriting. They're caused by government policy.

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Small businesses make up the backbone of the commercial office sector. Until recently, by virtue of their small size, they had little sway with landlords when it came to renegotiating or negotiating a lease. Then the pandemic happened.

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Only a handful cases have addressed force majeure clauses in commercial real estate agreements in the wake of the pandemic, which has produced conflicting views as to whether performance was excused.

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There have been plenty of cases during the pandemic that shape the landlord-commercial tenant dynamic both in Chapter 11 bankruptcies and in workouts.