Features
'Soft Landing' Hopes Are High, But We're Not At the Finish Line Yet
The ultimate goal of the Federal Reserve has been to reduce inflation without pushing the economy into a recession, achieving the oft-cited soft landing — a feat that a growing number of economists believe might happen. At least one analyst, however, warns the CRE industry not to get too hopeful.
Features
The Four Archetypes of a Defaulting Tenant and How to Handle Them
Every distressed tenant will have a different situation and story to tell. Each will have a different approach to handling its lease obligations. Following is a primer to help the commercial landlord prepare for the default conversation with the tenant by looking at the different potential types of defaulting tenants it may face and advice on how to handle each type.
Features
Should There Be A Title Theft Statute?
Recent years have seen numerous reports of what has colloquially been called "property theft" or "deed theft." To fight deed theft in New York, the state Attorney General has championed a statute making "Property Theft" a crime.
Features
Converting Debt to Equity: An Alternative to Modification or Extension of Loans
Historically, lenders have been unwilling to go into business with their borrowers, preferring to observe a rigid separation between debtor and creditor. However, if an office property can be repositioned for another use, there is a path between extending the term of a loan and hoping for the best, and taking the property back and realizing a catastrophic loss.
Features
Do We Need A Title Theft Statute?
Recent years have seen numerous reports of what has colloquially been called "property theft" or "deed theft" in New York. The state Attorney General has championed a statute, now introduced in the state legislature, making "Property Theft" a crime. Would the statute be helpful?
Features
Economic Stability Could Lead to Significant Increase In CRE Activity In 2024
Before deal activity in the commercial real estate lending sector can approach anywhere close to returning to its 2021 highs, many commercial real estate borrowers, investors and lenders will look for stable interest rates — either a cessation of rate hikes, or, at the very least, a clear ceiling.
Features
Mass. Appeals Court Holds That Email to Landlord Constituted 'Effective Notice' to Prevent Automatic Lease Renewal
Despite a provision in a commercial lease that prohibited electronic notice, the Massachusetts Appeals Court sided with a tenant in holding that an email to its landlord constituted effective notice to opt out of an automatic five-year lease extension.
Columns & Departments
Development
Court Reserves Decision Pending Further Proceedings When ZBA Produced Inadequate Findings of Fact to Support Variance Grant Landmark Designation Upheld Despite Town's Failure to Call Public Hearing Within Code's Time Limit
Features
The Fed Worries About Bank CRE Loans for a Good Reason
The Federal Reserve and other regulators have been focused of late on bank problems, and well they should. But concern is now spreading to commercial real estate and the possibility that interplays between CRE borrowers and lenders could, under current conditions, create a positive feedback loop that could increasingly hurt both.
Columns & Departments
Real Property Law
Mortgagee's Action to Vacate Tax Sale Should Not Have Been Dismissed Even Though Redemption Period Had Expired Landowner Has Right of Access Across State Lands Part Performance Exception to Statute of Frauds Inapplicable Emails Insufficient to Satisfy Statute of Frauds Statute of Limitations Does Not Bar Claim to Remove Cloud on Title Purchase Option Not Assignable Buyer Recovers Down Payment When Seller Failed to Deliver Certificate of Occupancy Nassau County's Recording Fees Held Excessive and Improper Section 265-a Authorizes Rescission of Termination Agreement Prescriptive Easement Claim Fails for Failure to Establish Hostile Use
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