Jeffrey B. Steiner

November 19, 2014 | New York Law Journal

In 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

January 15, 2014 | New York Law Journal

In 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

March 21, 2012 | New York Law Journal

In 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

Jeffrey 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

In 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

July 18, 2012 | New York Law Journal

In their Financing column, Jeffrey B. Steiner and Jason R. Goldstein, members of DLA Piper, write that while New York bankruptcy courts have interpreted the application of the cramdown provision differently than a recent bankruptcy court decision, the fair and equitable analysis has yielded wide-ranging results nationawide.

By Jeffrey B. Steiner and Jason R. Goldstein

13 minute read

May 16, 2012 | New York Law Journal

In their Financing column, Jeffrey B. Steiner and Jason R. Goldstein, members of DLA Piper, analyze 'In re Loop 76,' where Loop 76 successfully argued that Wells Fargo Bank's unsecured deficiency claim should be placed in a class separate from the rest of the unsecured claims, because the bank had a third-party payment guarantee. Until this point, most practitioners have understood that lenders' deficiency claims, whether or not backstopped by a principal guaranty, were substantially similar to other unsecured claims.

By Jeffrey B. Steiner and Jason R. Goldstein

11 minute read

January 18, 2012 | New York Law Journal

In their Financing column, Jeffrey B. Steiner, a member of DLA Piper, and Zachary Samton, counsel to the firm, write that the greater flexibility to modify securitized mortgage loans afforded servicers and borrowers by the recent IRS guidance should help to avoid a certain number of defaults in the coming years.

By Jeffrey B. Steiner and Zachary Samton

11 minute read

January 19, 2005 | New York Law Journal

Kenneth M. Block and Jeffrey B. Steiner, members of Brown Raysman Millstein Felder & Steiner, write that carefully drafted loan guarantees customarily contain clauses waiving defenses such as fraud, breach of fiduciary duty, breach of contract, negligent misrepresentation, failure of consideration and economic duress. Despite the ingenuity of counsel for borrowers, these waiver of defense clauses are uniformly enforced.

By Kenneth M. Block and Jeffrey B. Steiner

9 minute read

November 17, 2004 | New York Law Journal

Kenneth M. Block and Jeffrey B. Steiner, members of Brown Raysman Millstein Felder & Steiner, write that, even though contractual provisions may give the lender broad latitude in monitoring the construction process and approving the disbursement of funds, the successful completion of a project is a cooperative effort requiring open communication and a willingness to resolve disputes quickly and fairly.

By Kenneth M. Block and Jeffrey B. Steiner

10 minute read