Bankruptcy Considerations When There Is a Default On A Redevelopment Project
August 01, 2023
If economic pressures become intense and defaults are a possibility, redevelopers and their lenders will be driven to consider the unique issues presented when there is a default on a redevelopment project, including consideration of a bankruptcy filing to stave-off creditor lawsuits or real estate foreclosure
'Soft Landing' Hopes Are High, But We're Not At the Finish Line Yet
August 01, 2023
The ultimate goal of the Federal Reserve has been to reduce inflation without pushing the economy into a recession, achieving the oft-cited soft landing — a feat that a growing number of economists believe might happen. At least one analyst, however, warns the CRE industry not to get too hopeful.
The Four Archetypes of a Defaulting Tenant and How to Handle Them
August 01, 2023
Every distressed tenant will have a different situation and story to tell. Each will have a different approach to handling its lease obligations. Following is a primer to help the commercial landlord prepare for the default conversation with the tenant by looking at the different potential types of defaulting tenants it may face and advice on how to handle each type.
Should There Be A Title Theft Statute?
July 01, 2023
Recent years have seen numerous reports of what has colloquially been called "property theft" or "deed theft." To fight deed theft in New York, the state Attorney General has championed a statute making "Property Theft" a crime.
Converting Debt to Equity: An Alternative to Modification or Extension of Loans
July 01, 2023
Historically, lenders have been unwilling to go into business with their borrowers, preferring to observe a rigid separation between debtor and creditor. However, if an office property can be repositioned for another use, there is a path between extending the term of a loan and hoping for the best, and taking the property back and realizing a catastrophic loss.
Economic Stability Could Lead to Significant Increase In CRE Activity In 2024
July 01, 2023
Before deal activity in the commercial real estate lending sector can approach anywhere close to returning to its 2021 highs, many commercial real estate borrowers, investors and lenders will look for stable interest rates — either a cessation of rate hikes, or, at the very least, a clear ceiling.
The Fed Worries About Bank CRE Loans for a Good Reason
July 01, 2023
The Federal Reserve and other regulators have been focused of late on bank problems, and well they should. But concern is now spreading to commercial real estate and the possibility that interplays between CRE borrowers and lenders could, under current conditions, create a positive feedback loop that could increasingly hurt both.
Landlord & Tenant Law
July 01, 2023
Tenant's Failure to Restore Premises At End of Lease Constitutes Breach
Fraud Exception to Four-Year Lookback Period Inapplicable
Guaranty Clause Did Not Bind Tenant's Principal
