In the current COVID-19 crisis, attorneys are receiving numerous questions from landlords and tenants, as to their respective contractual obligations under their commercial leases. Tenants are carefully analyzing the provisions of the lease to determine if any provisions therein could… Read more
In the current COVID-19 environment, many borrowers are asking whether the government will grant borrowers any relief from payment obligations under their commercial loans. There is a general reluctance of governmental authorities to interfere with private contracts, which would include… Read more
How do I get my commercial real estate transaction closed in the COVID-19 environment? Many transactions are at a standstill, particularly if lenders are overwhelmed or are having difficulty underwriting loans with economic conditions in a state of flux. However,… Read more
The Federal Housing Finance Agency announced that Fannie Mae and Freddie Mac will offer multifamily property owners mortgage forbearance with the condition that they suspend all evictions for renters unable to pay rent due to the impact of coronavirus (“COVID-19”).… Read more
To date, COVID-19 has led to the forced closures of many businesses and commercial spaces worldwide, both temporarily and permanently. While some can adapt and continue to work in safe numbers or controlled environments, others have been left with no… Read more
No landlord wants to potentially lose a financially viable tenant merely because the landlord’s lender delayed in approving the proposed lease. Accordingly, it is important to negotiate certain parameters into the loan documents, under which the landlord’s lender pre-approves leases… Read more
No landlord wants to potentially lose a financially viable tenant merely because the landlord’s lender delayed in approving the proposed lease. Accordingly, it is important to negotiate certain parameters into the loan documents, under which the landlord’s lender pre-approves leases… Read more
Borrowers, at the initial loan closing of an acquisition of investment real estate, often have plans to later develop and/or convey a smaller portion of the real estate collateral. However, depending on the size and nature of the lender, and… Read more
Many commercial real estate loans are “non-recourse,” which means in general terms that foreclosing on the real estate securing the loan is the lender’s sole remedy for a borrower’s failure to repay the loan. The lender is generally prohibited from… Read more
Borrowers often envision future alterations to enhance the economic value of the commercial real estate asset, when closing the initial loan. Such alterations can be in the form of capital improvements, tenant improvements, renovations, and/or expansions of the facility. At… Read more
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