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.
The Future of the Office Real Estate Market
June 01, 2023
It appears that at least some form of hybrid work schedules — much more than existed pre-pandemic — are likely here to stay. How these increased trends may impact the office market and demands for office space in the foreseeable future remains to be seen.
U.S. Law Firm Leasing At Record Highs
June 01, 2023
After a slump during the pandemic, U.S. law firm leasing activity hit a record level in 2022, and activity boomed during the first quarter of 2023 with leasing volume higher than in any previously recorded Q1, a new report finds.
Real Property Law
May 01, 2023
Strict Liability for Excavation Damage
Easement Was Non-Exclusive
Purchaser's Claims Barred By Merger Doctrine, Caveat Emptor
Purchaser's Claim Based on Inoperative Elevator Dismissed In the Absence of Active Concealment
Deed Forgery Claim Survives Motion to Dismiss
Landlord & Tenant Law
May 01, 2023
Wrongful Eviction Claim Raises Questions of Fact
Yellowstone Injunction Cure Period
Syndicated Commercial Real Estate Loan Transactions In Today's Market
May 01, 2023
Larger commercial real estate mortgage loans are often originated by a group or "syndicate" of lending institutions that each contribute a portion of the overall loan proceeds and share the benefits and risks. This article describes several significant features of a "syndicated" real estate loan that are not commonly known or understood.
Buyout Provisions In Commercial Lease Litigation
May 01, 2023
Litigation frequently involves an attempt by one party to enforce the terms of the buyout provision through specific performance. But that remedy may be less readily available than the parties might assume. This article explores the reasons why, and suggests some drafting considerations.
What Hybrid Work Looks Like In a CRE Firm
May 01, 2023
When it comes to commercial real estate companies and hybrid work, there are those that swear one way or the other, and probably a lot more scratching their heads, trying to understand what will work best.
