Until recently, due to market uncertainties, many lenders holding defaulted commercial mortgage loans had deferred making a decision as to whether to sell the loan or enforce remedies. Now, commercial mortgage loans encumbering New York City properties are being sold at discounts, often to investors in a “loan to own” scenario.

At the same time, owners of properties that are likely to become the subject of a foreclosure proceeding, often motivated by a desire to avoid the negative publicity and increased costs of foreclosure, are making preemptive disposition decisions.1

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