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    Tilting at windmills? The rise of stand-alone commercial real estate receivership actions
    2009-12-07

    Rather than immediately commencing foreclosure proceedings, lenders and servicers (acting on behalf of the lender) are seeking the judicial appointment of receivers with greater frequency when commercial real estate workout negotiations fail to produve the desired results and the borrower is not otherwise prepared to "turn over the keys."

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Pillsbury Winthrop Shaw Pittman LLP, Debtor, Commercial property, Foreclosure
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    Hidden challenges with pulling real estate assets out of the ditch
    2009-12-14

    This article appeared in the Dec. 9, 2009, issue of Lodging Law newsletter.

    The economic meltdown has left many hospitality development projects in a ditch, but as 2010 approaches, some hospitality real estate projects may be ripe for new life. Pursuing distressed assets may offer a tremendous upside to developers, but the unforeseen downsides can devastate the effort if they are ignored at the front end of the deal. Some of these unforeseen downsides include:

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Real Estate, Epstein Becker Green, Share (finance), Bankruptcy, Consumer protection, Covenant (law), Foreclosure, Condominium, Due diligence, Warranty, Easement
    Authors:
    Louis M. Oliverio
    Location:
    USA
    Firm:
    Epstein Becker Green
    Opportunities in distressed real estate assets
    2009-12-10

    470-Unit Apartment Complex in Pittsburgh, Pennsylvania In re Ventana Hills Associates, Ltd. (Bankr. N.D. Ill.) Case no. 09-41755 In re Ventana Hills Phase II, L.P. (Bankr. N.D. Ill.) Case no. 09-41758

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Greenberg Traurig LLP, Bankruptcy, Retail, Debtor, Accounts receivable, Limited liability company, Personal property, Subsidiary
    Authors:
    Robert J. Ivanhoe
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Fairfield Residential files for bankruptcy in Delaware and begins assumption of certain contracts and leases
    2009-12-28

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Bankruptcy, Unsecured debt, Liability (financial accounting), Liquidation, Refinancing, Default (finance), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    A balancing of the scales: non-residential landlord bankruptcies on the rise
    2010-01-07

    The commercial real estate market is in distress. While residential foreclosures have received the bulk of media coverage, owners of commercial real estate are defaulting on their mortgages at an unprecedented pace. If your business leases commercial space, the likelihood that your landlord will file for bankruptcy is higher now than it has been in recent history. Because a landlord bankruptcy may occur without warning, tenants need to be aware of their rights and responsibilities in the event a filing does occur.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Stinson LLP, Contractual term, Bankruptcy, Unsecured debt, Commercial property, Landlord, Leasehold estate, Option (finance), Mortgage loan, Foreclosure, Vacated judgment, Default (finance)
    Authors:
    Robert Kugler , Matthew Swanson
    Location:
    USA
    Firm:
    Stinson LLP
    FDIC sells $1.02 billion in distressed loans to fund managed by Colony Capital Acquisitions
    2010-01-08

    Today, the FDIC announced that Colony Capital Acquisitions, LLC paid a total of approximately $90.5 million (net of working capital) in cash for a 40% equity stake in a limited liability company (LLC) created by the FDIC to hold a portfolio of approximately 1,200 distressed commercial real estate loans with an aggregate unpaid principal balance of $1.02 billion arising out of 22 failed bank receiverships.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Alston & Bird LLP, Commercial property, Interest, Limited liability company, Investment funds, Portfolio (finance), Distressed securities, Federal Deposit Insurance Corporation (USA)
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Title insurance companies eliminate creditors' rights coverage for real estate buyers and lenders
    2010-02-11

    Recently, various national title insurance companies, such as First American Title Insurance Company and the entire Fidelity National Title Group—which includes Chicago Title Insurance Company, Fidelity National Title, Ticor Title, Lawyers Title, Commonwealth Land Title, Security Union Title and Alamo Title—officially announced that, effective immediately, creditors' rights coverage will no longer be available by endorsement, affirmative coverage, issuance of the American Land Title Association (ALTA) 1970 policies or otherwise. This change affects both owner's and loan policies.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Real Estate, Duane Morris LLP, Public company, Debtor, Fraud, Due diligence, Title insurance, Market value, Credit rating
    Authors:
    Darrin S. Forbes , Douglas J. Lubelchek
    Location:
    USA
    Firm:
    Duane Morris LLP
    New restrictions on creditors’ rights exclusions in title insurance policies
    2010-02-12

    Anyone who obtains title insurance, whether as an owner or a lender, should be aware of a recent abrupt and significant change in title insurance practices across the country. Title companies have recently stated that they will no longer delete creditors’ rights exclusions from, or add affirmative creditors’ rights coverage as an endorsement to, any of their issued title policies.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Real Estate, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Fraud, Interest, Debt, Title insurance, Constructive notice, United States bankruptcy court
    Authors:
    Eric E. Johnson , Dena M. Cruz
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Weathering the storm: tenant considerations in the face of pending landlord bankruptcies and foreclosures
    2010-02-12

    Over the next two years, billions of dollars in commercial real estate loans are expected to mature — loans that many property owners and landlords will not be able to pay off or refinance. As a result, a number of landlords that have purchased, built, renovated and/or refinanced their properties with short-term debt during the previous five years will find themselves in a precarious position. Market forces, combined with the tightening of credit markets, leave landlords holding over-leveraged property, unable to refinance their shortterm debt because of a lack of equity.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Williams Mullen, Bankruptcy, Commercial property, Landlord, Leasehold estate, Debt, Consent, Foreclosure, Refinancing, Default (finance), Deed of trust (real estate), Leverage (finance)
    Authors:
    Mark J. Kronenthal, II , Michael P. Nicholson
    Location:
    USA
    Firm:
    Williams Mullen
    Landlord who obtains prepetition warrant of eviction may be barred from recovering post-petition rent as administrative expense
    2011-07-15

    A recent decision by the U.S. District Court for the
    Southern District of New York concluded that a landlord
    who obtains a judgment of possession and warrant of
    eviction prepetition, yet is stayed from executing on the
    warrant due to the debtor’s bankruptcy filing, may not be
    entitled to post-petition rent as an administrative expense.
    In In re Association of Graphic Communications, Inc., No. 07-
    10278 (Bankr. S.D.N.Y. July 13, 2010), the court decided
    that, under New York law, the prepetition warrant of

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Faegre Drinker Biddle & Reath LLP, Bankruptcy, Debtor, Landlord, Leasehold estate, Capital punishment, Warrant (finance), Westlaw, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Brian Morgan
    Location:
    USA
    Firm:
    Faegre Drinker Biddle & Reath LLP

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