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Legal Precision Meets Opportunistic Investing: How Savvy Real-Estate Investors Can Maximize Returns in Today’s Distressed Market
In today’s climate of rising interest rates, stretched borrower balance sheets, and starkly uneven recovery across asset classes, defaulted loans have emerged as a prime hunting ground for investors with legal acumen. According to the Mortgage Bankers Association, nearly $1 trillion in outstanding commercial mortgages will mature in 2025 — a number that is expected to rise in 2026 — and, at the same time, delinquencies are climbing far above historical norms. This has created a significant refinancing challenge and is increasing the divide between trophy assets and distressed properties.
Capturing this opportunity requires more than a blunt foreclosure “hammer” — it demands a surgical enforcement playbook that begins with pinpointing enforceable covenants, moves through a layered notice campaign, ensures lien perfection via UCC-1 filings, and remains open to value-preserving workouts such as deeds-in-lieu, short sales, and forbearance agreements with equity kickers. In an era of uneven recovery and rising delinquencies, investors who marry legal precision with creative workout options will unlock off-market opportunities and maximize risk-adjusted returns.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.