November 17, 2020 | New York Law Journal
Lost Cause? Foreclosing in Reliance On a Lost Note AffidavitWhen a lender purchases a loan originated by another lender, such purchasing lender will require the selling lender to deliver the original loan documents; but what happens if some of the original documents cannot be found?
By Jeffrey B. Steiner and Scott A. Weinberg
7 minute read
July 14, 2020 | New York Law Journal
Designing a Foreclosure Sale Under the UCC During COVID-19In their Real Estate Financing column Jeffrey B. Steiner and Scott A. Weinberg review the recent case, D2 Mark v. OREI VI Investments to understand how the court's decision may provide mezzanine lenders with guidance in structuring a UCC foreclosure sale auction in the COVID-19 landscape so as to strengthen their position against any claims by the mezzanine borrower that the sale is not commercially reasonable.
By Jeffrey B. Steiner and Scott A. Weinberg
8 minute read
May 19, 2020 | New York Law Journal
Loan Modifications and Lender Liability In the Era of Covid-19In their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg write: In the current economic climate, created in large part by the Covid-19 virus, many borrowers are facing challenges and approaching their lenders with loan modification requests. In handling the large number of such requests, it is important for lenders and servicers to remember to exercise caution in their communications with these borrowers to avoid potential liability for negligence.
By Jeffrey B. Steiner and Scott A. Weinberg
7 minute read
January 14, 2020 | New York Law Journal
Flood And Terrorism Insurance Reauthorization: Safe For NowIn their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg discuss the passage of the Appropriations Act as an important measure in ensuring that insurance coverages remain available to property owners/borrowers at premiums that they can afford is of utmost importance to the stability of real estate markets, including the lending markets, and the economy at large.
By Jeffrey B. Steiner and Scott A Weinberg
6 minute read
September 17, 2019 | New York Law Journal
Perspectives on Lender's Standing to Foreclosure in New YorkIn their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg review a recent case, Green Tree Servicing, v. Molini, and how the opinions by the majority and the dissent indicate a certain hesitance in embracing the full import of the Aurora decision which refined the requirements for a lender to assert standing to foreclose.
By Jeffrey B. Steiner and Scott A. Weinberg
7 minute read
July 17, 2018 | New York Law Journal
Rights of First Refusal and Lender RemediesIn their Financing column, Jeffrey Steiner and Scott Weinberg discuss the potential of a Right of First Refusal to frustrate a lender's ability to exercise remedies and certain steps a lender may take to protect itself against such potentiality.
By Jeffrey B. Steiner and Scott A. Weinberg
1 minute read
March 19, 2002 | New York Law Journal
FINANCING Commercial MortgagesA lmost before the smoke cleared from the World Trade Center attacks, insurance companies were making plans to exclude losses from any future terrorist attacks from basic casualty insurance coverage. The real estate industry has borne the brunt of this exclusion, and real estate lenders have been left with little guidance in how to deal with the post Sept. 11 environment.
By Scott A. Weinberg And Jason R. Goldstein
12 minute read
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