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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...

Landlords facing a challenging rental market might want to offer expansion rights in leases. These rights make properties more attractive to tenants because of the option to adjust their rental space to the changing market and their business needs. Take...

Property Assessed Clean Energy (PACE) financing has become a major source of capital for commercial and residential owners by financing the cost of energy-efficient improvements and paying back these loans through property assessments. Many states have...

Many landlords provide utilities as part of the office rental and charge tenants an additional fixed flat fee monthly for these services. However, if the tenant might use an excessive amount of utilities, the landlord should address this issue in the...

Access exclusive market intelligence about private commercial lease agreements, as only told by other real estate partners like you. Answer an exclusive, partners-only survey that takes less than five minutes to complete (no paperwork needed). Then, access...

Interested in knowing what other partners are saying about how commercial lease agreements are evolving? Access exclusive market intelligence about private commercial lease agreements, as only told by other real estate partners like you. Answer an exclusive...

Larry Silvestri was fortunate to find satisfaction in his role as in-house counsel for a real estate developer. “It was kind of a dream career,” he says. “I really enjoyed it.” But after a long, successful business run, his employer...

Interested in knowing what other partners are saying about how commercial lease agreements are evolving? Access exclusive market intelligence about private commercial lease agreements, as only told by other real estate partners like you. Answer an exclusive...

By: The Practical Guidance Real Estate Team This tracker provides an overview of New York climate change legislation that impacts real estate ownership and development. This document tracks legislation enacted at the state level and in New York City...

By: Stephen Del Percio , AECOM National governments globally are struggling to enact legislation that will bind them to the world’s carbon dioxide and other greenhouse gas emissions reduction targets, and unfortunately in some cases even reach...

By: John Erskine , NOSSAMAN LLP This article discusses the legal and policy framework for addressing sea level rise (SLR) in the 21st century in the United States, with an emphasis on the California Coastal Act (the Coastal Act), its administrative...

Interested in knowing what other partners are saying about how commercial lease agreements are evolving? Access exclusive market intelligence about private commercial lease agreements, as only told by other real estate partners like you. Answer an exclusive...

Eminent domain is the power of the sovereign to take private property for public use without the owner's consent. Eminent domain, takings, and condemnation are often used interchangeably, although the three terms are not actually synonymous; eminent...

Attorneys representing national lenders must consider various issues, including the loan origination process, commitment letters, the business structure of borrowers, state-specific compliance issues, as well as local practices for loan closings. Use...