January 21, 2015 | New York Law Journal
Misrepresentation in Finance AgreementsJeffrey B. Steiner and Jason R. Goldstein of DLA Piper review the different categories of misrepresentation cited by New York courts and draw distinctions between seemingly innocent statements in loan documents as opposed to circumstances where a representing party knew or should have known that their representation was untrue.
By Jeffrey B. Steiner and Jason R. Goldstein
13 minute read
January 20, 2015 | New York Law Journal
Misrepresentation in Finance AgreementsJeffrey B. Steiner and Jason R. Goldstein of DLA Piper review the different categories of misrepresentation cited by New York courts and draw distinctions between seemingly innocent statements in loan documents as opposed to circumstances where a representing party knew or should have known that their representation was untrue.
By Jeffrey B. Steiner and Jason R. Goldstein
13 minute read
November 19, 2014 | New York Law Journal
After-Acquired Property Provisions in Mortgage TransactionsIn their Financing column, Jeffrey B. Steiner and Jason R. Goldstein address the practicalities of the lender's position should it would wish to enforce an after-acquired property provision in a commercial mortgage transaction, and the rights and remedies available to the lender should the provision prove inadequate.
By Jeffrey B. Steiner and Jason R. Goldstein
9 minute read
May 21, 2014 | New York Law Journal
Knowledge Qualifiers in Loan RepresentationsIn their Financing column, Jason R. Goldstein and Joshua Sohn of DLA Piper discuss the legal protections and risks afforded by representations in complex loan agreements and any related qualifications in transactional matters.
By Jason R. Goldstein and Joshua Sohn
11 minute read
March 19, 2014 | New York Law Journal
Leasehold Mortgagees May Have Faster Route to CollateralIn their Financing article, Joshua S. Sohn, Jason R. Goldstein and Joseph B. Rothenberg of DLA Piper write: Institutional real estate lenders and their counsel generally believe that leasehold mortgages are inferior to mortgages encumbering fee interests in real property, however, when it comes to enforcing the lender's remedies, the leasehold mortgagee may have an advantage over its “better-secured” fee mortgagee counterpart.
By Joshua S. Sohn Jason R. Goldstein and Joseph B. Rothenberg
11 minute read
January 15, 2014 | New York Law Journal
Protecting the Enforceability of Guarantees in Loan ModificationsIn their Financing column, Jeffrey B. Steiner and Jason R. Goldstein of DLA Piper, explore effective methods for obtaining the requisite guarantor consents.
By Jeffrey B. Steiner and Jason R. Goldstein
10 minute read
July 17, 2013 | New York Law Journal
Monitoring Joint Venture Agreements to Prevent DisputesIn their Financing column, Joshua S. Sohn, Jason R. Goldstein and John Dodson of DLA Piper write: As more and more joint-venture partners are unfortunately finding out, a hastily drafted "right of first offer" provision can create significant litigation headaches down the line, thrusting the property into distress and, consequently, the underlying loan.
By Joshua S. Sohn, Jason R. Goldstein and John Dodson
11 minute read
March 21, 2012 | New York Law Journal
Choice of Governing Law in Loan DocumentsIn their Financing column, Jeffrey B. Steiner and Jason R. Goldstein, partners at DLA Piper, write that, contrasted against the predictability offered by New York law, the legislation enacted in Nevada and pending in Georgia upsets settled expectations about the enforceability of a payment guaranty.
By Jeffrey B. Steiner and Jason R. Goldstein
13 minute read
November 16, 2011 | New York Law Journal
Parties' Rights and Liabilities After a Loan AssignmentJeffrey B. Steiner and Jason R. Goldstein, members of DLA Piper, review some typical and not-quite typical situations that have arisen after a loan assignment occurred. Recent cases establish that after an assignment, a loan assignor no longer has any rights under the loan documents, but may have common law rights to recover damages, and the assignee only has the same rights and/or defenses as the assignor had against a borrower or other party.
By Jeffrey B. Steiner And Jason R. Goldstein
12 minute read
September 18, 2013 | New York Law Journal
Clearing the Confusion: Misplaced Notes and AllongesIn their Financing column, DLA Piper's Jeffrey B. Steiner, Jason R. Goldstein and Joshua Sohn write: Defendants in foreclosure proceedings often challenge the lenders' standing to enforce a promissory note, demanding that lenders demonstrate physical possession of the note to initiate a foreclosure despite the fact that physical possession is not required by the law.
By Jeffrey B. Steiner, Jason R. Goldstein and Joshua Sohn
11 minute read
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