Tag: Financing

Mortgagees Beware! – The Massachusetts Obsolete Mortgages Statute Revisited

By Andrew Royce on March 18, 2014
hands writing on papers in a work space

The recent Massachusetts Land Court decision in Ry-Co International, Ltd. v. VonIderstein, et al. is a salutary reminder to lenders... Read More »

Lender’s Title Insurance Coverage Does Not Extend to Lender Liability Claims

By Joshua M. Alper on August 23, 2013
a tab of a folder that says "title insurance"

The decision of the Massachusetts Supreme Judicial Court (“SJC”)  in Deutsche Bank National Association v. First American Title Insurance Company,... Read More »

To Guaranty or Not to Guaranty?

By Gary M. Markoff on July 16, 2013
personal guaranty agreement with a black and gold pen on top

Real estate professionals often ask themselves this question when negotiating terms of a loan. The pros know the script well: The... Read More »

7 Tips for Financing Solar Projects

By Bethany A. Bartlett on May 14, 2013
solar panel park with blue cells on a green field and sunset in the background

As the warm weather approaches, we see the usual signs of spring which, in a good year, includes an increase... Read More »

EB-5: How Immigration is Driving the American Real Estate Recovery

By John J. Slater III on April 11, 2013
country railroad crossing: a narrow gravel road crosses a set of railroad tracks in rural virginia.

When traditional sources of financing for real estate projects became more difficult to find in 2007 and 2008, some business... Read More »

Streamlining Property Surveys – A Look at the ALTA/ACSM Table A Requirements

By Andrew Royce on January 9, 2013
two men on walkie talkies and neon yellow safey vest on with yellow construction helmets with a surveyor theodolite on tripod

The property survey is typically a lead-time item in commercial real estate loans since it can often take several weeks... Read More »

Due Diligence – What commercial real estate lenders need to know when reviewing leases that affect their collateral

By Sherin and Lodgen on October 17, 2012
a signature on a paper and a tip of a pen in the corner

While larger lending institutions may have experience with sophisticated commercial real estate loan transactions, community or regional lenders often do... Read More »

Negotiating the Scope of Non-recourse Carve-outs in Mortgage Loan Documents

By Andrew Royce on August 29, 2012
calculator with the word loan written in wooden block letters

While many commercial real estate loans are made without either partial or full payment guaranties, almost all institutional lenders will... Read More »

Supreme Court Affirms Secured Creditors’ Right to Credit Bid

By Sherin and Lodgen on August 8, 2012
Green road sign with the words "Bankrupcty Questions? Next Exit" and clouds in the background.

At the end of its most recent term, the U.S. Supreme Court unanimously affirmed the rights of secured creditors to... Read More »

No writing? No problem. When a Purchase & Sale may be found enforceable

By Bethany A. Bartlett on July 18, 2012
laptop with hands typing and black wall with white envelopes on it

On May 22, 2012, a judge of the Middlesex Superior Court found that a buyer and seller intended to be... Read More »