New York Law Journal | Analysis
By Barbara M. Goodstein | December 2, 2020
In this edition of her Secured Transactions column, Barbara M. Goodstein discusses a recent ruling by the New York Court of Appeals in a case involving strict foreclosure. She writes: While the decision has received considerable attention for the potential power it gives to minority noteholders, it also leaves unanswered questions as to whether the effects on that foreclosure of UCC §$9-620-9-622 were properly considered.
New York Law Journal | Analysis
By Sharon M. Porcellio | October 29, 2020
Pertinent to the financial distress facing many as the result of COVID-19, this column will address a case from the fair debt collection arena: Kurzdorfer v. Constar Financial Services, writes Western District Roundup columnist Sharon M. Porcellio.
New York Law Journal | Expert Opinion
By Eliad S. Shapiro | October 27, 2020
An analysis of the conflict that exists between the Amended Guaranty Law's explicit statutory language and the City Council's newly published declaration of legislative intent and findings. The article looks at the question of statutory interpretation and examines whether the newly amended Guaranty Law passes muster under the U.S. Constitution's Contracts Clause.
New Jersey Law Journal | Analysis
By John M. Marmora | October 23, 2020
The focus of this article is on situations where the clogging doctrine is invoked regarding remedies available to a lender utilizing a financing structure that has come more recently into vogue—the dual collateral loan.
New Jersey Law Journal | Analysis
By Joshua Denbeaux | October 14, 2020
The courts have worked with the preconceived notion that the Entire Controversy Doctrine applies to foreclosure litigation, when it does not.
New York Law Journal | Expert Opinion
By Peter E. Fisch and Salvatore Gogliormella | October 13, 2020
The COVID-19 pandemic continues to place enormous stress on the commercial real estate industry, with an increasing number of commercial real estate loans facing borrower defaults. In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella discuss the choices lenders in these default scenarios face.
By Dan Roe | October 1, 2020
Nelson Mullins expects another uptick in insolvency-related work in the fourth quarter and an even greater increase in first quarter of 2021, said Gary Freedman, vice chair of its bankruptcy and financial restructuring practice.
New York Law Journal | Expert Opinion
By Sourav Chaudhuri and Gregory Plotko | September 18, 2020
To mitigate the financial havoc caused by the COVID-19 pandemic, Congress swiftly passed a myriad of well-intentioned bills—and set the stage to redefine the landscape for restructurings.
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and David Broderick | September 15, 2020
In their Real Estate Financing column, Jeffrey Steiner and David Broderick write: As the COVID-19 pandemic continues to wreak havoc on the real estate industry, and as the initial lender reaction of accommodation to borrowers has mostly continued, there has been a shift from loan modifications to defaulted loan forbearance arrangements, together with a very public increase in mezzanine-lender enforcement actions, as evidenced by the public advertisements of notices of sale.
By Lidia Dinkova | September 1, 2020
The sale to the stalking-horse bidder and secured lender is approved after no one else qualified to bid on unsold units at the hotel-condo a block from the beach.
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