Mitchell L Berg

December 17, 2019 | New York Law Journal

In their Transactional Real Estate column, Peter Fisch and Mitchell Berg write: The purpose behind rent reset clauses is simple—to capture any change in the fair market value (and fair market rental value) of the leased property. However, the application of rent reset clauses in practice is anything but simple, and the consequences of such clauses can be significant.

By Peter E. Fisch and Mitchell L. Berg

12 minute read

August 13, 2019 | New York Law Journal

In their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss the use of the “crystallized carry structure” in real estate joint ventures.

By Peter E. Fisch and Mitchell L. Berg

10 minute read

May 07, 2019 | New York Law Journal

On April 5, 2019, the Treasury Priority Guidance Plan for 2019 announced that the Treasury would prioritize the issuance of final regulations concerning partnership recourse liabilities, including bottom dollar payment obligations. In their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss the implications on real estate investors, including the “unlikely case” that final regulations are not issued.

By Peter E. Fisch and Mitchell L. Berg

12 minute read

October 16, 2018 | New York Law Journal

In their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss issues involved with modifying a loan secured by a mortgage such as obtaining an existing junior lienholder's consent, providing notice to future junior lienholders, and also title insurance considerations.

By Peter E. Fisch and Mitchell L. Berg

13 minute read

August 14, 2018 | New York Law Journal

While asset forfeiture is commonly thought of as applying to personal property, such as a vehicle used to illegally transport narcotics, in their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss its application to real property.

By Peter E. Fisch and Mitchell L. Berg 

12 minute read

May 08, 2018 | New York Law Journal

In their Transactional Real Estate column, Peter E. Fisch and Mitchell L. Berg discuss “programmatic” or “platform” joint ventures—a means of structuring a series of commercial real estate investments between sponsors and capital partners.

By Peter E. Fisch and Mitchell L. Berg

10 minute read

February 13, 2018 | New York Law Journal

In their Transactional Real Estate column, Peter E. Fisch and Mitchell L. Berg discuss the Perishable Agricultural Commodities Act (PACA) which was enacted to protect the interests of suppliers and sellers of perishable agricultural commodities and write that while it would appear to have little relevance to real estate transactions, it has become a matter of some concern to lenders and title insurance companies who are often concerned that when the borrower is an entity subject to PACA, the PACA trust will effectively create a superpriority lien against real property that could prime a recorded mortgage lien.

By Peter E. Fisch and Mitchell L. Berg

11 minute read

October 18, 2016 | New York Law Journal

In their Transactional Real Estate column, Mitchell Berg and Peter Fisch discuss the new high volatility commercial real estate, or "HVCRE" rules and conclude: "The full impact of the new HVCRE regulations on the commercial real estate industry is still unclear, with banks continuing to develop their positions on the issue and borrowers testing alternatives for their financing needs. This lack of clarity should dissipate over time as market practice develops and if regulators issue guidelines and clarifications that provide more direction to lenders and borrowers."

By Mitchell L. Berg and Peter E. Fisch

19 minute read

July 13, 2016 | New York Law Journal

In their Transactional Real Estate column, Peter E. Fisch and Mitchell L. Berg discuss how certain scenarios, such as foreclosure sales, are typically not intended to trigger a right of first refusal but may inadvertently be captured by such provisions that do not expressly exclude them.

By Peter E. Fisch and Mitchell L. Berg

19 minute read

February 17, 2016 | New York Law Journal

In their Transactional Real Estate column, Peter E. Fisch and Mitchell L. Berg write: When representing the sponsor of a real estate partnership or limited liability company, in the absence of an affirmative obligation on the part of the existing investors to provide any additional needed capital, it is important that the documents governing the entity provide for sufficient flexibility for the sponsor to address the entity's future capital needs.

By Peter E. Fisch and Mitchell L. Berg

9 minute read