01 Feb, 2024 Lenders Seek to Avoid Creditor Violence By Timothy John Carter Pamela MacKenzie James Wallack As U.S. businesses face ongoing economic headwinds, commercial lenders are acting more aggressively to reduce their exposure to rogue...
24 Jan, 2024 WeWork Wrestles to Amend Leases as Landlords Seek Clarity on Restructuring Plan By Douglas Rosner WeWork entered bankruptcy looking to reject or amend leases that were fueling billions of dollars in losses at the flexible-workspace...
18 Jan, 2024 Thriving in 2024: Brick-and-mortar retail is back in fashion By Brendan Smith Jennifer Jones Karen O'Malley Lawrence Ferris +1 more... Show less As keen observers are already aware, reports of the “death of brick-and-mortar” retail have been greatly exaggerated. Neither the...
09 Jan, 2024 NY Courts Revisit CPLR 3213 Statute’s Applicability to “Bad Boy” Guarantees By Adam Safer Financial institutions seeking to recover on promissory notes and unconditional guarantees can often obtain quick relief from CPLR 3213,...
03 Jan, 2024 Foreclosure And Deficiency Judgments In Massachusetts And New York: Two States, Two Very Different Processes By Alexander Berger Charles Jacob III Rajinder Saini You just finished the foreclosure process but the asset securing the loan was not worth enough to recover the entire amount of the debt....
27 Dec, 2023 Keeping the Lights On: Payment of Operating Expenses After an Event of Default By Andrew Bensson Kimberly Yeager Craig Todaro When an event of default occurs under a mortgage loan, the lender’s first thought might be, “How will we get repaid?”, while the...
21 Dec, 2023 Must Lenders Negotiate Post-Borrower CRE Default? By Andrew Baldizon Charles Jacob III With rising interest rates, the economic slowdown, and an uptick in distressed real estate, commercial borrowers and lenders are...
20 Nov, 2023 CRE Short Sales Are Here for the Long Haul By Patrick Gallagher John Ratino James Shipe Jonathan Stein Lee Templin +2 more... Show less In cities across the country, “for lease” signs dot the downtown landscape. The pandemic aftermath – with employers maintaining hybrid or...
23 Oct, 2023 To deed, or not to deed: The pros and cons of a deed in lieu By Alexander Berger Trevor Hoffmann Rajinder Saini Amid soaring interest rates and the recent swell in commercial real estate loan workouts, borrowers and lenders alike are increasingly...
18 Oct, 2023 Hits to CMBS and CLOs Are Bad News for Commercial Real Estate Financing By Brian Cohen Read more from attorney Brian Cohen in this Commercial Observer article.
18 Oct, 2023 The “City of Yes” Plan: Seven Proposed Changes to Alleviate NYC’s Housing Crisis By George Evans Andrew Shaw New York City Mayor Eric Adams announced seven key features of his administration’s “City of Yes” plan in September. Designed to update...
10 Oct, 2023 Justice Kahn Reminds Litigants Of the Risk of Legal Fee Awards By Charles Jacob III Justice Francis A. Kahn III, who presides over Part 32, the Mortgage Foreclosure and Mortgage Auction Part in Supreme Court, New York...
06 Oct, 2023 What happens when lenders cannot schedule a foreclosure sale within the 90-day statutory time period? By Jonathan Hayden Charles Jacob III The uptick in commercial foreclosures, combined with the still-lingering pandemic-induced delays, has created an environment,...
05 Sep, 2023 A Retail Renaissance By Jaclyn Grodin Jennifer Jones Karen O'Malley When you hear the phrase “commercial real estate” these days, you can’t help but think of the slumping state of the office real estate...
08 Aug, 2023 When the Levee Breaks: Understanding Key Variations in CRE Collateral and Foreclosure Processes By Timothy John Carter Jonathan Hayden Elijah McDonnaugh Following the turmoil of the Great Recession, the commercial real estate (CRE) industry generally benefitted from favorable financing...
02 Aug, 2023 The Importance of Having All Your Docs in a Row On a Commercial Foreclosure Summary Judgment Motion By Charles Jacob III Douglas Rosner Like many of you, we are seeing a significant increase in commercial real estate (“CRE”) loan workouts. The magnitude of the swell in...