Up, Up, and….AWAY! A common component in virtually all commercial real estate loan documents is the provision addressing late fees that kick in upon a borrowers’ failure to make timely payments. Recent Arizona case law has changed the enforceability of certain provisions regarding particular late fees. In 2017, the Arizona Supreme Court issued an opinion … More Up, Up, and… AWAY!
Bad Boys and Bad Acts As part of our Commercial Real Estate Finance and Option Practice we see a wide variety of loan documents. In the past, we have written about various ways in which non-recourse loans (i.e., loans for which the borrower does not have personal liability) quickly slip into full recourse loans (i.e., … More Bad Boys and Bad Acts
Arizona Legal Opinions Winter, 2017 http://www.arizonalegalopinions.com Assuming You Sign Here When we give our legal opinion letters in connection with the enforceability of commercial real estate loans, we would like to assume that “all signatures are genuine” and focus on the actual language of the various loan documents. However, lenders will occasionally request that … More Assuming You Sign Here