Economic Stability Could Lead to Significant Increase In CRE Activity In 2024
July 01, 2023
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.
The Fed Worries About Bank CRE Loans for a Good Reason
July 01, 2023
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.
Landlord & Tenant Law
July 01, 2023
Tenant's Failure to Restore Premises At End of Lease Constitutes Breach
Fraud Exception to Four-Year Lookback Period Inapplicable
Guaranty Clause Did Not Bind Tenant's Principal
CRE Has Survived Crises In the Past and It Will Overcome This One Too
July 01, 2023
Since the 1980s, the country has been through numerous recessions and real estate crashes. Whenever these downturns or crashes occur, the distressed side of the industry, which is usually dormant until the crash occurs, rises to the challenge and mobilizes its resources to acquire, renovate, release, and sell these foreclosed and vacant properties.
Landlord & Tenant Law
June 01, 2023
Local Law Prohibiting No-Cause Evictions Pre-Empted By State Law
Contractual Indemnification Unenforceable
Indemnification Clause Enforced
Good Faith Efforts to Cure Extend Cure Period for Yellowstone Injunction
5 Most Commonly Required Guaranties In Commercial Real Estate Loans
June 01, 2023
In general, commercial real estate loans are non-recourse in nature and the lenders ultimately look to their collateral for the satisfaction of the borrowers' obligations if the loan goes into default. However, lenders typically require guaranties from individuals or entities, making the guarantors personally liable for certain obligations.
Lease Terminations As Fraudulent Transfers
June 01, 2023
Is an insolvent debtor's pre-bankruptcy termination of a commercial lease a fraudulent transfer? The circuit courts seem to be split, however a close reading of cases in the Third and Seventh Circuits shows that the reasoning of both courts can be reconciled on their facts.