BREAKING NEWS: Arizona’s Newly Expanded Anti Deficiency Protection

BREAKING NEWS: Arizona’s Newly Expanded Anti Deficiency Protection  In a move sure to cause shockwaves in the Arizona mortgage lending community, the Arizona Court of Appeals expanded Arizona Anti Deficiency Protection (under A.R.S. §33-814(G)) to protect borrowers whose property is foreclosed upon even while it is still under construction, so long as they intended to … More BREAKING NEWS: Arizona’s Newly Expanded Anti Deficiency Protection

For Your Consideration

For Your Consideration            Buyers and sellers of commercial real estate assume that their contracts mean what they say.  However, because of recent judicial activism and uncertain future decisions, that may not be the case; and without some new language in your purchase agreement – sellers may be able to break the real estate contract … More For Your Consideration

Surveying the Unknown

Surveying the Unknown With many commercial real estate buyers using cash, rather than traditional loans to acquire distressed and opportunistic assets, it is no wonder that extra costs for items that were previously “lender requirements” are being trimmed from acquisition budgets. One such expense being cut is the cost of a current ALTA/ACSM survey. There … More Surveying the Unknown

Playing With Fire

Playing With Fire Our dear friends at regional banks, commercial lenders and life insurance companies are making new commercial real estate loans. In recent months, Stein Law has closed several new financing transactions. But we have also witnessed a more concerning trend – borrowers getting strung along by lenders or brokers only to be left … More Playing With Fire

Walk the Walk: Strategically Defaulting Commercial Property Loans

Walk the Walk: Strategically Defaulting Commercial Property Loans Last week, the Wall Street Journal reported that some of the country’s largest commercial real estate companies, including Macerich Co., Vornado Realty Trust and Simon Property Group Inc. have intentionally stopped making payments on certain of their mortgage financing.  These “strategic defaults” signal a readiness by cash … More Walk the Walk: Strategically Defaulting Commercial Property Loans

The Golden Rule

The Golden Rule    The Golden Rule of the business world is “He who has the gold makes the rules.”  For real estate investors seeking to take advantage of distressed market opportunities without war chests of cash on hand, the absence of traditional financing has transformed many of those with available resources into a new … More The Golden Rule

Long Live the King

Commercial property owners brace for an uncertain future. With $814 billion in commercial real estate loans expected to mature by 2011, there is substantial concern among analysts that a series of commercial loan defaults is looming. In another attempt to loosen credit and extend commercial real estate lending, the Federal Reserve and Treasury Department announced … More Long Live the King

Investor’s Anti-Deficiency Deficiency

Investor’s Anti-Deficiency Deficiency           Substantial changes to Arizona’s anti-deficiency law are coming. On July 10, 2009, Arizona Governor Brewer signed SB 1271 into law, which is effective September 30, 2009. This law will have a profound impact on developers and investors of Arizona’s residential real estate market. In the meantime, many questions have arisen about … More Investor’s Anti-Deficiency Deficiency