REAL ESTATE AND CONSTRUCTION
Special section including articles on force majeure clauses, residential mortgage foreclosures, surety bonds on private construction projects, long term tax exemptions, and lenders using the doctrine of equitable subrogation.
April 26, 2021 at 10:00 AM
2 minute read
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Force Majeure: Allocating Risk in Commercial Real Estate Agreements in the Wake of COVID-19 Now that we have lived through a long-term force majeure event, what have we learned for purposes of drafting a fair provision? The first consideration that comes to mind is the definition itself—the existence of a pandemic should count as a force majeure event. By Scott R. Lippert and Darcy Baboulis-Gyscek
Taming the Dreaded New Six-Year Limitation Period for Residential Mortgage Foreclosure The new six-year statute of limitations, applicable under the Fair Foreclosure Act, is a game changer. The six-year period applies to residential mortgages executed on or after April 29, 2019, and runs from the date on which the debtor defaulted. But fear not; its bark is much worse than its bite. By Myron C. Weinstein
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