Deficiency Judgments in Commercial Real Estate Loans: When Lenders Pursue Them and How They Are Determined
When a commercial real estate mortgage loan goes into default and the lender enforces its collateral, the value realized from the property or pledged interests...
The Hidden Challenge in Non-Circumvention Agreements: Proving Damages
Non-circumvention agreements are widely used in commercial real estate, finance, brokerage, and advisory relationships. They are designed to protect the...
Protecting the Buyer: Structuring Post-Closing Remedies for Breach of Seller Representations — and the Special Challenge of 1031 Exchange Sellers
In real estate transactions, buyers rely heavily on the seller’s representations and warranties regarding title, leases, environmental matters, authority,...