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Where Things Stand
April 30, 2023

Volatility, prudence, cautious optimism, outright fear, stagnation, doldrums. These and many other terms are being bandied about concerning the current state of the real estate markets. 

Needless to say, we are in a “transitional” period where prognostications abound. Will the fed continue to increase rates and will there be a flattening, slowdown or reversal of course? Will another shoe drop in the banking sector? Every day brings another pundit or economic commentator’s views.

There are deals getting done. We know this, but when and how we get back to what we knew as normal or what a new normal will look like is anyone’s guess. The general consensus, however, seems to be that the current cycle is not nearly as consequential as the cycle we experienced in 2008 during the “Great Recession.” Economic growth continues. Liquidity has not dried up to anywhere near what we experienced then, and credit fundamentals remain strong. Inflation continues to be top of mind and a driving force. 

What we are beginning to see and I hazard to guess we will continue to experience are stress and workouts in various sectors and markets. Certain aspects of the real estate market have experienced an exacerbation of transition which was thrust upon them by a combination of the COVID shutdown and a rising interest rate environment. Certain properties and certain markets, particularly in the office sector, will struggle to find tenants whose needs have shrunk due to “work from home” policies. Certain properties will struggle due to the continued amelioration of certain retail trends and tendencies. Many will take a wait-and-see attitude.

What we do know for sure is that the real estate markets are resilient. As the old adage goes: they aren’t making any more of it. I for one have always been a glass half-full proponent. There will be transitions and repurposing. There will be workouts and, unfortunately, foreclosures. But the real estate market will remain and as always come out of the cycle stronger and smarter.

Associate | Real Estate

New York Local Law 18, the so-called “Anti-Airbnb Law,” was enacted by the New York City Counsel on January 9, 2023. The new law – which took effect March 6, 2023 – is aimed at reducing undesirable short-term rentals in the city, making it illegal for owners to operate short-term rentals unless the unit is registered with the Mayor’s Office of Special Enforcement.

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The REMIC rules provide some flexibility for borrowers seeking to wait to refinance under better market conditions, but CMBS loan servicers will be subject to the limitations of the securitization documents.

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Partner | Financial Restructuring
Associate | Financial Restructuring
By Rizwana Haque
Trainee Solicitor | Financial Restructuring

This is the first article in our mini-series on European real estate enforcements and restructurings. Given the continued financial stress being experienced across the global economy, we expect that lenders in the real estate finance space will be actively reviewing their portfolios and considering how a downside enforcement scenario may play out. In this introductory article we cover the key points lenders should address when preparing for an enforcement.

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Partner | Real Estate
Associate | Real Estate
Associate | Real Estate

In a series of articles in the coming months we will consider the National Security and Investment Act 2021 and its impact on the real estate finance market. In this month’s article, we will provide some background on the NSI Act and introduce some of its key features.

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Partner | Real Estate
Associate | Real Estate

The Loan Market Association has just published updates to its (a) drafting guide for its senior/mezzanine single currency term facility agreement for real estate finance multi-property investment transactions and (b) its recommended forms of intercreditor agreement for real estate finance transactions.

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We are pleased to welcome two new partners to Cadwalader: Leveraged Finance & Private Credit partner Smridhi Gulati in London and Specialty Finance & Securitization partner Ryan McNaughton in New York. 

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Here is a rundown of some of Cadwalader’s recent work on behalf of clients.

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Key Contacts

Steven M. Herman
Senior Counsel
T. +1 212 504 6054
steven.herman@cwt.com

Duncan Hubbard
Partner
T. +44 (0) 20 7170 8525
duncan.hubbard@cwt.com

Fredric L. Altschuler
Senior Counsel
T. +1 212 504 6525
fredric.altschuler@cwt.com

Nicholas E. Brandfon
Partner
T. +1 212 504 6039
nicholas.brandfon@cwt.com

Holly Marcille Chamberlain
Partner
T. +1 704 348 5121
holly.chamberlain@cwt.com

Christopher J. Dickson
Partner
T. +1 704 348 5159
christopher.dickson@cwt.com

Melissa C. Hinkle
Partner
T. +1 212 504 6972
melissa.hinkle@cwt.com

Alan W. Lawrence
Partner
T. +1 212 504 6332
alan.lawrence@cwt.com

Bonnie A. Neuman
Partner
T. +1 212 504 5625
bonnie.neuman@cwt.com

Matthew Robertson
Partner
T. +1 704 348 5257
matthew.robertson@cwt.com

Kevin Sholette
Partner
T. +1 704 348 5311
kevin.sholette@cwt.com

 
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