About Joshua Stein Contributor

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So far Joshua Stein Contributor has created 5 blog entries.

Communicate With Care

Modern litigation entitles either party in a dispute to require the other party to dig through its files and computer records and hand over all sorts of documents and other information that could be “relevant” to the litigation. This process, called “discovery” or sometimes “disclosure,” often requires more work and creates more visits to the

By |2022-05-16T09:56:29-07:00May 16th, 2022|Industry News|

Maybe We Don’t Have To Worry About Clogging The Equity Of Redemption

In New York, commercial mortgage foreclosures can take years. Mortgage lenders find themselves tempted to short-circuit the process by taking, as additional collateral for their mortgage loans, pledges of equity interests in the borrower entities. Here, the members of the limited liability company borrower pledge their membership interests to the lenders to give the lenders

By |2022-05-16T09:56:30-07:00May 16th, 2022|Industry News|

Ground Lease Armageddon

When an owner and a developer negotiate a ground lease for a development project, the second most important issue they will consider (after the rent) relates to the completion guaranty that the developer will need to give the landlord. That guaranty should come from a creditworthy guarantor. It helps assure the owner that the developer

By |2022-05-16T09:56:32-07:00May 16th, 2022|Industry News|

How Do You Say “Membership Interest” For An Equity Pledge?

Commercial real estate lenders often lend against pledges of equity interests in limited liability companies that own real estate, rather than just against mortgages of the real estate itself. Pledges of equity in an LLC give borrowers more loan proceeds than ordinary mortgages would by themselves, though sometimes those extra proceeds are quite expensive. This

By |2022-05-16T09:56:33-07:00May 16th, 2022|Industry News|

Secured Lenders And Their Counsel Can’t Forget The Minor Details In A Secured Loan

Many types of commercial financing rely on security. For a real estate loan, the main security usually consists of a mortgage. For other types of financing, including real estate mezzanine loans, the main security will consist of a “security interest,” a pledge, under the Uniform Commercial Code. Either way, if the borrower defaults, the security

By |2022-05-16T09:56:35-07:00May 16th, 2022|Industry News|
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