Lenders are refreshing their mortgage loan documents with provisions based on the “lessons learned” during the recent (continuing?) economic experience.  One change is to add a service of process provision. The change is based on this basic lesson learned: when the tough times hit, borrowers and guarantors sometimes are hard to find. A few simply

A restructure of any commercial real estate investment (debt or equity) can be challenging.  As usual, the challenge is compounded by the amount of "structure" in the deal – from either or both of the debt or the equity positions.  

I’ve touched on structure from the lender or debt side (i.e., co-lenders, syndications, participations

Negotiation letters (some times referred to as "discussion letters") are put into place so that parties to a distressed investment can discuss possible resolutions to the situation – without the content of the discussions being "used" against any party.  (Link to a series of blogs on the content of this type of agreement.)


If you collateral is a green building, then a litany of unique issues and approaches come into play.

Recently I discussed this topic with Bill Weinberg – my green building expert.

Here are a few "high level" issues offered up by Bill to get our attention (prior blog) –

  • What is nature of

We’re investigating green buildings, from the perspective that some portion of the huge amount of distressed commercial real estate will include some green buildings.

Earlier this week, Bill Weinberg focused us on these preliminary topics:

  • is the collateral raw land or does it include improvements (buildings or other structures)?
  • operational and maintenance issues, including

The second day of seminars, at the annual meeting of the American College of Mortgage Attorneys, had two key take-aways for me.  The first nugget focuses on the Dodd-Frank financial law.

The second nugget (below) is much more practical.  Inspired by comments made by Jim Allen during a panel presentation (he’s with the Miller