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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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Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
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.
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Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.