September 17, 2024 | New York Law Journal
About That Hedge: How Borrowers and Lenders Have Gotten Creative With Hedging Commercial Real Estate Loans in a Heightened Interest Rate Environment"While real estate publications and practitioners have written ad nauseam about the impacts of high interest rates on the commercial real estate industry, this article focuses specifically on how borrowers and lenders have gotten creative in negotiating and structuring interest rate hedges (namely interest rate caps), or avoiding them altogether."
By Jeffrey B. Steiner and Scott A. Weinberg
6 minute read
July 16, 2024 | New York Law Journal
Financing Property of Not-For-Profit and Religious CorporationsThe world of nonprofits represents a wide range of causes and there are different requirements that must be satisfied in connection with such real estate transactions, depending on an organization's purpose and the specifics of the deal. In their Real Estate Financing column, the Jeff Steiner, Scott Weinberg and Tim Swearingen discuss the requirements.
By Jeffrey B. Steiner, Scott A. Weinberg and Tim Swearingen
6 minute read
March 19, 2024 | New York Law Journal
A Potential Enforcement Trap for Mortgage LendersMortgage lenders have many things to worry about when a loan goes into default and they seek to enforce their remedies, whether by foreclosing a mortgage or suing on various guarantees. One thing which may not cross their minds, but can cause a delay in enforcement, is whether or not their lending entity is required to be authorized to do business in the State of New York.
By Jeffrey B. Steiner, Scott A. Weinberg and Joel C. Haims
6 minute read
January 17, 2024 | New York Law Journal
Is RPAPL §1301 Really an Impediment to Pursuing a Guaranty Claim?Scott Weinberg and Joel Haims discuss New York's "Election of Remedies" statute, examining whether it really has a material impact in practice.
By Scott A. Weinberg and Joel C. Haims
6 minute read
November 14, 2023 | New York Law Journal
Strawberries on Lex: Considerations for Financing an Office Building to Vertical Farming ConversionWhile the potential advantages of converting office buildings into residential spaces are widely acknowledged, such conversions can be financially burdensome and present structural difficulties, often requiring a complete overhaul of existing floor plans and resulting in awkward layouts. As a result, another trend gaining traction in cities nationwide is repurposing office buildings for agricultural use and creating farms in urban centers.
By Jeffrey B. Steiner and Scott A. Weinberg
6 minute read
May 17, 2022 | New York Law Journal
Intercreditor Agreements: The Key to a Secure Loan for Mezzanine LendersIn their Real Estate Financing column, Scott Weinberg and Billy Hildbold discuss the importance of an intercreditor agreement, which "at its core, sets the boundaries and expectations when it comes to issues that may affect both a mortgage loan and a mezzanine loan."
By Scott A. Weinberg and Billy M. Hildbold
6 minute read
March 15, 2022 | New York Law Journal
Remote Online Notarization Helps Modernize Real Estate TransactionsIn real estate transactions, any document intended to be recorded needs to be notarized. Until recently, in most jurisdictions that meant the signer and notary had to be physically present together. In their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg discuss a recent statutory change in New York permitting Remote Online Notarization (RON) that will now allow the parties to be in separate states, or even countries.
By Jeffrey B. Steiner and Scott A. Weinberg
5 minute read
January 18, 2022 | New York Law Journal
'Atlas Brookview' and 'Clogging' the Equity of RedemptionUntil now, no New York court has directly ruled on whether an accommodation pledge is void for violating the equity of redemption. A recent decision issued by the New York State Supreme Court, County of New York, Atlas Brookview Mezzanine v. DB Brookview, however, has directly addressed the issue.
By Jeffrey B. Steiner and Scott A. Weinberg
5 minute read
September 14, 2021 | New York Law Journal
Mortgage Foreclosures, Acceleration and the Statute of LimitationsIn their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg discuss the status of law relating to acceleration and the statute of limitations amid foreclosure actions as clarified in the recent New York's Court of Appeals case 'Freedom Mortgage Corporation v. Engel.'
By Jeffrey B. Steiner and Scott A. Weinberg
6 minute read
March 16, 2021 | New York Law Journal
Mortgage Loan Modifications and Lien PriorityOne recent decision issued by New York's Appellate Division, Second Department, though favorable to the senior mortgage lender, highlights the consequences that may result should a lender fail to exercise caution when modifying their mortgage loans. In their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg discuss the decision in "Commodore Factors Corp. v. Deutsche Bank Natl. Trust Co."
By Jeffrey B. Steiner and Scott A. Weinberg
7 minute read
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