Structuring Commercial Real Estate Workouts
Structuring Commercial Real Estate Workouts

Author: W. Wade Berryhill

Publisher: Wolters Kluwer

Published: 1999-12-01

Total Pages: 1489

ISBN-13: 0735511217

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Structuring Commercial Real Estate Workouts: Alternatives to Bankruptcy and Foreclosure, Second Edition presents a concise introduction to the legal and business considerations involved in real estate loan workouts. It is designed to aid lenders, borrowers and their legal counsel in confronting the variety of issues encountered in working out an acceptable solution to the dilemma posed by a loan in default. The parties associated with a defaulting loan face a number of potential pitfalls, ranging from imminent insolvency of the borrower (and the diminution in value or loss of a lender's security interest) to draconian penalties incurred through liability for environmental hazards present on the property. Structuring Commercial Real Estate Workouts introduces the varied issues, discusses the limitations and advantages of foreclosure and other remedies, and presents suggestions for guiding potential alternative courses of action. The Second Edition features extensive coverage of environmental liabilities that may arise under federal statutes and regulations such as RCRA and CERCLA and how lenders can avoid or minimize these liabilities. A new chapter has been added on the state mini-RCRAs and CERCLAs, necessitated by the growing importance of state environmental laws to real estate financing. A detailed discussion is presented on the laws and programs that have been developed to minimize lender liability at andquot;brownfieldsandquot; sites in urban areas. Excellent coverage is provided for such key areas as prepackaged plans, single asset real estate cases, cash collateral and adequate protection, deeds in lieu of foreclosure and dealing with guarantors and other sureties.

ABA Journal
ABA Journal

Author:

Publisher:

Published: 1984-06

Total Pages: 160

ISBN-13:

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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

Real Estate Financing
Real Estate Financing

Author: Brook Boyd

Publisher: Law Journal Press

Published: 2023-11-28

Total Pages: 1564

ISBN-13: 9781588520760

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Real Estate Financing contains over 40 deal-specific forms and checklists online, covering everything from complex loan workouts to simple residential closings. The forms include information about each term and how it can be modified, with separate variations for lenders, borrowers or other parties. A "Data Input Sheet" lets you use the forms with widely available software and can serve as a "term sheet" for the transaction. The accompanying volume provides explanations of the issues along with the guidance you need to draft working documents quickly. Real Estate Financing includes: checklists for loan modifications; wraparound mortgage loans; subordinations; loans secured by condos, co-ops and time shares; sale-leasebacks; contingent interests; securitizations; deeds in lieu and consensual foreclosures; participations; installment sales; sales of mortgage loans; and much more. The checklists highlight "deal" terms, flag risks and hot issues, and direct users, through cross-references, to alternative approaches and analysis. Standards issued by ratings agencies for securitized loans are discussed in detail, as are the EPA and ASTM standards for Phase I environmental reports and the best Web sites for forms and drafting requirements. Book ɿ looseleaf, one volume, 1,550 pages; published in 1997, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-076-0.

Modern Real Estate Finance and Land Transfer
Modern Real Estate Finance and Land Transfer

Author: Steven W. Bender

Publisher: Aspen Publishing

Published: 2018-11-06

Total Pages: 1340

ISBN-13: 1543805426

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Modern Real Estate Finance and Land Transfer—sophisticated, yet teachable—explains the increasingly complex legal, business, and tax issues surrounding real estate transactions with discussion relevant to both commercial and residential situations. Through a transactional and interdisciplinary approach, students learn the general rules of law, their underlying rationale or policy, and how (or whether) a rule can be superseded by the mutual consent. Real-world examples help foster practical skills required of attorneys in real estate firms, and the text is appropriate for both a basic Real Estate Transactions or Finance course and also advanced seminars. Topical and chronological organization features coverage of both Real Estate Sales and Real Estate Finance and follows the lending cycle in modern financing. Questions and planning problems help students examine issues in the context of relevant transactions and documents for sale, finance, leasing, and development transactions. The authors are scholar-practitioners who skillfully mix practical skills and theory students will need in today’s competitive legal markets. Key Features: sophisticated, yet teachable—thoroughly explains complex legal, business, and tax issues in real estate transactions transactional, interdisciplinary approach teaches the general rules of law shows underlying rationale or policy explores how (or whether) a rule can be superseded by mutual consent real-world examples and accessible explanations topical and chronological organization coverage of both Real Estate Sales and Real Estate Finance follows lending cycle in modern real estate financing appropriate for both basic Real Estate Transactions or Finance course and advanced seminars relevant questions and planning problems written by scholar-practitioners who blend practical skills with theory suited to both commercial and residential real estate transactions Thoroughly updated, the revised Sixth Edition presents changes in the law since 2013, including: case law responses to the recent mortgage crisis in residential real estate including lender refusals to fund committed construction loans new case law involving nonrecourse carve-outs a new section and cases on recourse against and protection of the guarantor, and ethical issues in guarantor representation new developments in bankruptcy law involving real estate transactions

Bankruptcy and Insolvency Taxation
Bankruptcy and Insolvency Taxation

Author: Grant W. Newton

Publisher: John Wiley & Sons

Published: 2005-05-13

Total Pages: 890

ISBN-13: 0471656860

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The thousands of mergers, acquisitions, and start-ups that have characterized the past ten years of business have created an increasing number of corporations in financial trouble: specifically, a shortage of venture capital or quick cash. Consequently, bankruptcy protection is now viewed as a strategic move to protect corporations from their creditors and allow them to reorganize. Bankruptcy and Insolvency Taxation, Third Edition provides the answers to the questions financial managers will have on the tax aspects of the "bankruptcy strategy."