Senior Counsel | Real Estate
By Caleb Eiland
Associate | Real Estate
2023 has seen higher levels of real estate loan delinquencies. With more headwinds on the horizon, including reduced mark to market valuations for some real estate asset classes and a sustained period of elevated interest rates, delinquencies and defaults are likely to continue to rise. As these defaults mature into events of default, lenders will look to exercise remedies. Remedies typically include suing on the promissory note and/or any applicable guaranties and foreclosing on the underlying security instrument. In most states, lenders may pursue one or more remedies simultaneously. In New York, however, the “one action rule” prevents lenders from pursuing multiple actions simultaneously.
