Tag: mortgage

Subordination, Non-Disturbance and Attornment Agreements in a Nutshell

By Andrew Royce on February 17, 2017
lease agreement and black and yellow pencil

Negotiation of a Subordination, Non-Disturbance and Attornment Agreement (commonly referred to as an “SNDA”) can pose challenges for property owners,... Read More »

Why a Leasehold Mortgage?

By Gary M. Markoff on October 25, 2016
"leasing" labeled on red binder in a office workspace

Developer wants to buy a prime parcel for shopping center construction. He approaches the landowner with a written offer to... Read More »

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 »

The Importance of Notary Acknowledgments in Light of the Weiss Decision

By Andrew Royce on October 28, 2013
a stamp and a blue pen on top of a certificate

Some alarm has been raised among the real estate bar by the recent decision of the United States Bankruptcy Appellate... 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

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

An Act Preventing Unlawful and Unnecessary Foreclosures

By on September 12, 2012
a paper with the words "real estate home foreclosure legal notice" and keys on top of the paper

On August 3, 2012, Governor Patrick of Massachusetts signed “An Act Preventing Unlawful and Unnecessary Foreclosures” into law.  As suggested... 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 »

The Eaton Foreclosure Case: Addressing A Problem That Doesn’t Exist

By Edward M. Bloom on April 4, 2012
a white and red sign that has the word "foreclosure" and a yellow house in the background

The case of Eaton v. Federal National Mortgage Association, which is currently pending before the SJC, addresses the issue of... Read More »

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