Mortgages and deeds of trust are two types of security instruments used to protect a lender's interest in real property. Though the type of instrument varies by state, once the loan related to the respective instrument is satisfied, the lender must timely release...
Every state regulates common interest ownership, which may include condominiums, townhomes, cooperatives, and planned communities. Refer to Practical Guidance’s survey for state laws covering topics such as condominium conversions, public offering and disclosure...
The CARES Act, a wide-ranging set of federal laws enacted during the COVID-19 pandemic, included new tenant protection rights. It required landlords leasing properties with federally-backed financing to provide a 30-day notice prior to proceeding with an eviction...
With an increasing shortage of rental homes, states are enacting tenant protection laws to increase tenant rights and decrease tenant displacements. Check out this article outlining new California pro-tenant laws, including laws on security deposits, limitations...
Long gone are the days of tracking and sorting through paper contracts, making tedious edits by pen, and rushing to meet overnight courier deadlines. Today, the due diligence process and closings for real estate transactions are streamlined by cloud-based internet...
Check out Practical Guidance’s tracker to learn about Trump administration executive orders affecting housing and construction. Our tracker is updated regularly and provides links to the relevant order in the Federal Register; the date, number, and title...
Standby letters of credit are often used to provide security in commercial leases, secure construction requirements, or secure obligations assigned in commercial purchase and sales. They differ from commercial letters of credit because funds are drawn only in default...
Lenders typically underwrite commercial real estate loans based on the borrower’s creditworthiness and the collateral real property’s value. To mitigate the risk of a loan not being paid, lenders may require a borrower to have one or more guarantors...
Certain states allow residential tenants to withhold rent when their landlords fail to maintain the premises. In those jurisdictions, tenants are generally required to first inform their landlords of the conditions and provide them with opportunity to make needed...
Practical Guidance’s State Law Comparison Tool (SLCT) allows attorneys to compare state laws on various real estate topics, including commercial real estate ownership, foreign investment in real property, and commercial real estate leasing, in a customized...
Marijuana retailers are setting up shops in cannabis approved jurisdictions across the country to meet growing consumer demand. While leasing commercial spaces to cannabis businesses may be profitable, doing so can present risks to landlords. Read this article...
Joint ventures are commonly formed between two or more entities for purchasing, developing, and managing real property. Parties to the joint venture usually enter into a written agreement allocating and sharing the associated responsibilities, liabilities, expenses...
Understanding California real estate development laws and procedures requires knowledge of, and familiarity with, state zoning ordinances, the California Environmental Quality Act (CEQA), the California Subdivision Map Act, and a host of other local, state, and...
The Committee on Foreign Investment in the United States (CFIUS) has jurisdiction to review and restrict real estate transactions due to national security concerns. The U.S. Department of the Treasury recently issued a Final Rule, effective December 9, 2024, expanding...
Most states offer Commercial Property Assessed Clean Energy (C-Pace) financing to borrowers as additional capital for constructing energy-efficient improvements. C-Pace financings are funded by private lenders and administered by local governments. Read this article...