REF News & Views

Turning to '22

December 30, 2021

Looking Back, Looking Ahead: A U.S. Perspective

The Way Forward: A European Perspective

Congratulations

Steven Herman and Eunji Jo Named Real Estate Thought Leaders

Recent Transactions

Closing the Books

November 30, 2021

You Win Some, You Lose Some: The Second Circuit Affirms Dismissal of Landlords’ Free Speech Challenge to Harassment Laws and Reverses Dismissal of Landlords’ Contract Clause Challenge to Guaranty Law

The UK's Autumn Budget 2021: Implications for Real Estate

Recent Transactions

Real Estate Reserves

October 28, 2021

Basics of Reserves

Limited Recourse Finance Series, Part 4: Other Common Issues in Limited Recourse Structures

Recent Transactions

Bring On Q4

September 29, 2021

Do I Recognize You (Preferred Equity)?

COVID-19 Update: New York Governor Signs New Moratorium Effective until January 15, 2022

Limited Recourse Finance Series, Part 3: Security Package and Considerations

Recent Transactions

See You in September

August 30, 2021

U.S. Supreme Court Holds That CDC Exceeded Its Authority in Issuing Eviction Moratorium

Mean What You Say, Say What You Mean: Tenant Estoppels Do Work

Limited Recourse Finance Series, Part 2: Structural Features

There Was No 'Gap' in the Lease Language: COVID Is Not a Casualty

Substantive Consolidation and Non-consolidation Opinions

Recent Transactions

Summer Reading

July 30, 2021

Note Prevails over Mortgage in the Event of a Conflict

Limited Recourse Financing Series: The Need for Limited Recourse Structures

COVID-19 Update: Supreme Court Denies Request to Lift CDC’s Eviction Moratorium

Recent Transactions

The New Normal?

June 30, 2021

Coming Back

Make Me a Right of Refusal I Can't Refuse

Negative Pledges in Commercial Real Estate Financings – Why Do We Need Them?

The Importance of Springing Members

Cadwalader Advises on Major Real Estate Finance Transactions

Recent Transactions

Summer's Coming

May 27, 2021 | Issue No. 24

One Way Out: New York’s One-Action Rule

A Further Blow to the Landlords? The Virgin Active Case and the New Restructuring Plan Regime

COVID-19 Update: Governor Cuomo Extends Eviction and Foreclosure Moratorium until August 31

COVID-19 Update: Can't Lose What You Never Had: Court Rejects All Legal Theories Asserted by Retail Tenant

Recent Transactions

Something Special

April 29, 2021 | Issue No. 23

What’s So Special about Special Purpose Entities?

Don’t Be Cruel: Appellate Division Upholds Waiver of Fiduciary Duties But Denies Motion to Dismiss Claim for Breach of Good Faith and Fair Dealing

Insurance Broker Letters in Commercial Real Estate Financings: Why Do We Need Them?

Recent Transactions

Springing Forward

March 30, 2021 | Issue No. 22

Making Sure the Ground Tenant Builds

LIBOR Update

COVID-19 Update: Federal Eviction Moratorium Struck Down

COVID-19 Update: Governor Cuomo Extends Eviction Protections for Small Businesses That Demonstrate a Financial Hardship

Recent Transactions

The Changes Continue

February 25, 2021 | Issue No. 21

Ch-Ch-Ch-Changes: NY Commercial Landlords’ Duty to Mitigate

Brexit Update – Changes to Loan Documentation

New York Assembly-Sponsored Legislation Proposes New Tax on Mezzanine Debt and Preferred Equity

Upcoming Webinar: Defeasance in Real Estate Finance: Process and Timing, Prepayment and Lockout Provisions

Recent Transactions

Bouncing Back

January 28, 2021 | Issue No. 20

Congratulations to Bonnie Neuman

(Don’t) Stand By Me: NY Court of Appeals Judge Unravels Confusion Surrounding Doctrine of Standing in Residential Foreclosure Actions

You Can Run But You Can’t Hide: The Corporate Transparency Act

COVID-19 Update: Governor Cuomo Extends Residential Eviction and Foreclosure Moratorium

COVID-19 Update: Can’t Lose What You Never Had: New York State Court Rejects Argument That a Pledge of the Equity Interests in an Entity That Owns Real Property Requires Foreclosure under RPAPL Article 13

English Courts Consider Material Adverse Effect Clause Invoked by the Effects of the COVID-19 Pandemic

Recent Transactions

Turning the Page

December 21, 2020 | Issue No. 19

Welcoming 2021

Take Another B-Piece of My Heart, Now Baby

Don’t Lend No Hand to Raise No Flag Atop No Ship of Fools: Breach of SPE Provisions by Non-Borrower Exposes Non-Borrower to Potential Tort Liability

Hotel Financing Series, Part 6: Cash Control

Recent Transactions

Don't 'Fall Back' on LIBOR

November 30, 2020 | Issue No. 18

LIBOR Remediation Raises Lien Priority and Title Insurance Questions

LawWise Podcast: A Closer Look at Real Estate Workouts and Restructurings, Part 2

Hotel Financing Series, Part 5: Hotel Management Arrangements and Related Issues

Recent Transactions

Talking About Workouts and Restructurings

October 28, 2020 | Issue No. 17

LawWise Podcast: Real Estate Workouts and Restructurings

CFIUS Basics for Real Estate Lenders

The Only Guarantee in Life Is That There Are No Guarantees

Executive Order Extending Moratorium on Commercial Evictions until January 1, 2021

Hotel Financing Series, Part 4: Deciphering the Pitfalls in Dealing with Franchise and Non-Disturbance Agreements

Bill Ackman Keynote, Real Estate Panels at Fifth Annual (Virtual) Finance Forum on November 12

Recent Transactions

Heading into Q4

September 30, 2020 | Issue No. 16

New York State Legislature Considering Imposition of Mortgage Recording Tax on Mezzanine Loans and Preferred Equity

Hotel Financing Series, Part 3: Use of OpCo/PropCo Structures

COVID-19 Update: CDC Order Temporarily Halts Residential Evictions Nationwide until December 31, 2020

Virtual 5th Annual Finance Forum Set for November 12

Recent Transactions

The Changing Landscape

August 31, 2020 | Issue No. 15

The Commercial Real Estate Landscape in the Post-COVID World

Hotel Financing Series, Part 2: Covenants

What is 'Physical Loss'? Court Opens the Door for Policy Holders

COVID-19 Update: Governor Cuomo Extends Tenant Protections, Including Eviction and Foreclosure Moratorium

New York State Supreme Court Temporarily Halts UCC Foreclosure of Mezzanine Loan

Some Thoughts on Late Charges and Default Rate Interest

Taking Notice

Recent Transactions

Accepting the Challenge

July 30, 2020 | Issue No. 14

Social Distancing for Distressed Loan Negotiations: The Role of Reservation of Rights Letters

Hotel Financing Series, Part 1: How a Hotel Loan Differs from Other Real Estate Loans

DRANO Revisited: Further Updates on the Doctrine of Clogging the Equity of Redemption

COVID-19 Update: Draft Legislation Sparks HOPE of a New Commercial Real Estate Preferred Equity Facility by the Department of Treasury

COVID-19 Update: Controversial Rent and Mortgage Payment Relief Bill Introduced

COVID-19 Update: Oregon Law Prohibits Foreclosures During COVID Emergency

Avoiding Title Insurance Pitfalls in Portfolio Transactions

Continuing Considerations

June 30, 2020 | Issue No. 13

MAEbe So, MAEbe Not

COVID-19 Update: Three Months into Lockdown

COVID-19 Update: Ban on Forfeiture, and Government Issues Best Practice Guidelines for the Industry

Securitizing Loans with Future Advance Obligations

Recent Transactions

The Beat Goes On

May 26, 2020 | Issue No. 12

The Basics of Interest Rate Protection

Disposal of Assets to Discharge Debt Ahead of Enforcement by Receivership

COVID-19 Update: Governor Cuomo Extends Eviction and Foreclosure Moratorium and Allows Tenants to Apply Security Deposits to the Payment of Rent

Beware of Pushing the 'Defeasance Button' Too Soon

Recent Transactions

What Now?

April 27, 2020 | Issue No. 11

Empty Rooms — COVID-19's Impact on the Hospitality Industry

COVID-19 Update: Banking Agencies Issue Temporary Deferral of Appraisals and Evaluations for Real Estate Transactions

COVID-19 Update: Temporary Ban on Eviction of Commercial Leases

COVID-19 Update: Revisiting Pre-Negotiation Agreements in the Era of COVID-19

A Closer Look at REMICs at the Time of COVID-19

Hey, Ground Lessor, I’ve Got a Mortgage: The Significance of Proper Notice

In Light of COVID-19 ...

March 29, 2020 | Issue No. 10