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By: S.H. Spencer Compton , COMMONWEALTH LAND TITLE INSURANCE COMPANY Interested in access to private market intelligence? Private Market Data offers attorneys private information about highly negotiated agreements not otherwise available or...

Many hotel properties have been unable to pay off their loans due to a combination of factors, including the impact of the Federal Reserve’s interest rate hikes and COVID-19 induced vacancies. These properties now face bankruptcies, foreclosures...

Check out this new resource kit for junior associates navigating real property acquisition financings. It also includes links to resources for business and professional skills development to help junior associates excel. For additional junior associate...

Are you working on a commercial purchase and sale transaction? Use this visual checklist to guide you through the steps for drafting a commercial real property purchase and sale agreement. Read now » Related Content Commercial Purchase and...

Inverse condemnation is a cause of action allowing property owners to seek compensation when the government takes or damages private property without acquiring it through the formal process of eminent domain. Read this content to learn more about inverse...

Title insurance and surveys are vital components of commercial real estate transactions protecting the interests of buyers and lenders. Check out our resource kit to access practice notes, practice videos, templates, clauses, and checklists on title insurance...

Floods across the country have affected the housing industry, particularly affordable housing. Read about the increased risks of flooded homes and the strategies proposed by FEMA to address this dire issue. Read now » Related Content Sea...

Eminent domain is the power of government to take private property for public use. Laws governing eminent domain vary depending on the state and municipality. Read this practice note to learn about the eminent domain process for Miami, Florida. This practice...

Under the CARES Act, enacted at the outset of the COVID-19 pandemic, the federal government restricted residential evictions. One of these restrictions, a 30-day pre-eviction notice for certain tenancies, still applies. Read this content for additional...

Land use laws and zoning regulations are promulgated at every level of government, including federal, state, municipal and local. These laws and regulations often interact and overlap with one another. Delve into this content discussing municipalities’...

Joint ventures are a common business arrangement for real estate investment. In order to create a successful partnership, though, it is crucial to find the right partner. Read this article for guidance on qualities to look for in a joint venture partner...

While the foreclosure process varies from state to state, its fundamental purpose is the same—to extinguish inferior liens and sell the mortgaged premises applying the sale proceeds to the mortgage debt. Foreclosures can be judicial or nonjudicial...

Landlords and their lenders generally require that tenants subordinate their leasehold interest to existing real property mortgages and deeds of trust, and recognize and attorn to any subsequent landlords who acquire title to the mortgaged property (e...

Preserving lien priority throughout the term of a commercial real estate loan is as important as establishing its priority at the outset of the loan. Read this content for an overview on establishing lien priority of a mortgage or deed of trust and strategies...

In some states, landlords are legally permitted to change the locks and remove their non-paying tenants’ belongings without court intervention, but in other states, landlords must obtain a judgment before they can evict. Read this article to learn...

Access essential guidance to real estate topics in Practical Guidance Real Estate, with Powell on Real Property. Practical Guidance Real Estate links to a wide variety of topics in this invaluable resource. Click below for an easement template featuring...

Lenders handling commercial real estate loan defaults by borrowers may have, in addition to other rights, the option of obtaining a court receivership to take control of the collateral. Read this article about the purpose and types of receiverships and...

A hotel purchase and sale agreement must reflect the sale of an operating business which delivers daily services and amenities to guests. It also must account for operational concerns such as employee transitions, food and beverage operations, inventory...

Private equity funds have a distinct lifecycle that begins with fundraising and ends when the fund exits its investments and distributes proceeds to investors. Understanding the lifecycle of a private equity fund is crucial for private fund attorneys...

When real estate owners swap real property held for investment or productive use in trade or business for like-kind real property under Section 1031 of the Internal Revenue Code, no tax gain or loss is recognized. Investors and entrepreneurs use this...

Lenders typically require that borrowers assign leases and rents as additional security when financing real property transactions. An assignment of leases and rents (ALR) may be contained in the mortgage or deed of trust, or in a separate standalone document...

Real estate investment trusts (REITs) are companies formed to own and lease real property or hold debt secured by real property. They are attractive to foreign investors as they provide a vehicle for using foreign-owned domestic corporations to create...

A mezzanine loan is a type of subordinate loan that is indirectly secured by real property. Unlike a mortgage loan, which is directly secured by real property, a mezzanine loan is secured by a pledge of equity interests in an entity that owns real property...

Access Practical Guidance’s new Commercial Real Estate Loan Modifications Resource Kit. This collection of practice notes, checklists, templates, sample clauses, and practice videos will guide lender’s counsel through the commercial real estate...

Lease abstracts summarize key lease terms and deadlines from the lease. Tenants commonly prepare them after lease signing and use them for quick reference purposes. Check out this commercial lease abstract template that can be used to prepare a concise...