The Four Archetypes of a Defaulting Tenant and How to Handle Them
August 01, 2023
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.
Should There Be A Title Theft Statute?
July 01, 2023
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.
Converting Debt to Equity: An Alternative to Modification or Extension of Loans
July 01, 2023
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.
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
