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Features
Although interest rates may have peaked, we continue to expect a large volume of distressed real estate debtors to utilize the bankruptcy system over the next couple of years. This article analyzes two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.
Features
It was widely believed that the US would be in a recession by now, but that is not the case – it's one of several 2023 forecasts that didn't play out exactly how many thought it would.
Features
Stewart Sterk, Mack Professor of Law at the Cardozo School of Law and Editor-in-Chief of New York Real Estate Law Reporter and Scott Mollen, partner at Herrick Feinstein provide analysis of recent cases regarding commercial real estate.
Features
The news is good. However, it doesn't look like what some in CRE might want, which is a return to ultra-low interest rates and high leverage.
Features
The U.S. Court of Appeals for the Second Circuit, on remand from the Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave "adequate assurance of future performance of" a commercial real property shopping center lease "as required by the Bankruptcy Code after the debtor's assignment of its lease.
Features
Litigation pending in the Suffolk County Supreme Court is challenging fees charged for tax map verifications on real estate instruments filed with the county clerk as unauthorized taxes.
Features
While transforming existing buildings for alternative purposes is not a new concept, this article seeks to explore the feasibility of alternative repurposing options with a focus on pre-existing office buildings; namely, converting vacant office space into vertical farms or cannabis growth operations.
Columns & Departments
Notice of Pendency Improper In Private Nuisance Action Incapacity and Undue Influence Challenge to Deed Fails Authority Entitled to Divert Surface Water Covenant Restricting Landscaping Changes Enforced Failure to Record Does Not Invalidate Deed Against Purchaser Charged With Notice
Features
Local governments have significant leeway to charge fees for services they provide their residents. But fee revenue sources can be attractive options for those local governments needing to fill budget gaps without raising taxes.
Columns & Departments
Attorney's Fee Awarded On Interest Accruing During Appeal