Jeffrey B. Steiner and David Broderick When the Gloves Come Off: Litigation Issues for Lenders
During periods of distress in the real estate industry, when loans are being placed in default at a higher frequency, if a lender is not going to enter into a consensual workout or loan restructuring with their defaulted borrower, the lender will have the choice of either enforcing rights under the loan, or selling it. In their Real Estate Financing column, Jeffrey Steiner and David Broderick discuss two recent cases demonstrating the challenges lenders may face with each of these options.
January 19, 2021 at 12:16 PM
6 minute read
During periods of distress in the real estate industry, when mortgage and mezzanine loans are being placed in default at a higher frequency, if a lender is not going to enter into a consensual workout or loan restructuring with their defaulted borrower, the lender will be presented with the choice of either enforcing rights under its loan documents or marketing and selling the distressed loan. Two recent cases demonstrate the challenges lenders may encounter when employing each of such options.
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