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Despite the shock of the pandemic, and now war overseas, commercial real estate market recovered in 2021 from its pandemic-induced slowdown in 2020 and is expected to continue to progress throughout this year. Record numbers of commercial real estate transactions took place in 2021. The fast growth of available jobs last year, resulting in under 4% unemployment at year’s end, fueled real estate demand. A record $809 billion in real estate sales occurred last year and real estate stocks gained more than 43% compared to the S&P 500’s approximately 15 percentage points higher than the S&P. While growth of the job market and the economy are the most important factors affecting commercial real estate, the emergence of historic rising inflation has its effects as well.
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By Erich N. Durlacher
With the recent economic turbulence and pessimism, prudent lenders should be bracing themselves for the coming storm by adopting a five-point “CAPER” strategy: Communicate, Analyze, Preserve, Execute, and Resolve.
By Peter E. Fisch and Salvatore Gogliormella
Specific performance is an important remedy in real estate transactions, however, it is disfavored by the courts and under certain circumstances (particularly in the case of sale-leasebacks), a specific performance clause, even if properly drafted, may not be enforced by the courts.
By Paul A. Rubin and Hanh V. Huynh
A recent decision in a Chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the Southern District of New York highlights the significant impact that a 2019 amendment to the New York Real Property and Procedures Law will have on future disputes in bankruptcy cases where the tenant files for bankruptcy after the issuance of a warrant of eviction but before its execution.
By Aaron L. Pawlitz
This article provides an overview of the most commonly-accepted purposes of an RWI policy and an overview of the RWI policy underwriting process.