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New York Real Estate Law ReporterLandlord Tenant LawReal EstateFeatures

How Savvy Real-Estate Investors Can Maximize Returns in Today’s Distressed Market

By Chris Zona
September 30, 2025

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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