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Real Estate Financing: How to Document Securitized Commercial Real Estate Mortgage Loans

Ensuring uninterrupted cashflow is a key element of securitized mortgage documentation. A SECURITIZED MORTGAGE LOAN is a commercial real estate mortgage loan that is underwritten and documented to ensure that it will be marketable to investors in the commercial mortgage backed securities ("CMBS"...

Distribution Contracts

There are many ways for a supplier to bring its products or services to market. It may sell directly through employees to the ultimate user. It may sell through commission sales agents who do not take title. It may sell to independent wholesalers or distributors. It may establish franchises that operate...

Security Interest in a Deposit Account Must Be Perfected by a Control Agreement

John Councellor was the president and controlling stockholder of First Metals and Plastics Technologies, Inc. He loaned the company more than $200,000 and filed a financing statement with the Indiana Secretary of State's office on December 30, 2002, covering "all Debtor's presently owned...

U.S. Governmental Receivables

A lender perfects its security interest in U.S. government receivables by compliance with Article 9 of the Uniform Commercial Code (UCC). However, in order to ensure that it receives payments directly from the applicable governmental agency on such U.S. Government receivables a lender should comply....

Structural and Legal Issues in Commercial Mortgage Securitization Transactions

In an asset securitization or structured finance transaction, the primary structural goal is to isolate the assets or collateral which will generate the cash flow to investors. Outside credit risks or exposure should be removed to the greatest extent possible. Read the full article on martindale.com®

Real Estate Financing: Benefits of the UCC Insurance Policy

Some of the large land-title insurance companies now offer Uniform Commercial Code ("UCC") insurance policies. UCC insurance provides indemnity insurance for the attachment, priority, and perfection of the lender's security interest (there also is a buyer's policy available) and transfers...

Revised Article 9 of the Uniform Commercial Code and Selected Real Property Finance Issues

1. What's a Fixture? State Law continues to determine what is a "fixture." The only help the UCC offers is in Section 344(a), which says, in effect, that the term does not include "ordinary building materials incorporated into an improvement on land." 2. Priority between mortgagee...

The Basics of Security Interests

As a condition to getting a loan, a business is usually required to provide assets as security or collateral. The borrower signs a security agreement giving the lender the power to foreclose on the assets if the business defaults on the loan. Depending on the type of asset, different requirements...

Focus on Antitrust

Antitrust law is a specialized area of the law that focuses on the balance between consumer protection and free commerce. Antitrust and trade practice implicate the availability, variety and price of any good or service at any stage of development worldwide. Consequently, an array of legal and market...

Practicing Public Contracts Law

Public or government contracts law deals with the complex and specialized body of statutes and regulations that govern the acquisition of goods and services by the government. The federal government and each state government have their own rules and regulations governing procurement activities. Because...

Practicing Transportation Law

Increased international trade and the growing global economy have brought transportation law to the forefront in recent years. Transportation Law focuses on the legal issues affecting the aviation, railroad, motor carrier, and water industries. Attorneys practicing in this field assist providers and...

Understanding Sales and Leases of Goods

Understanding Sales and Leases of Goods offers a concise, yet comprehensive survey and analysis of the legal principles that affect the law governing sales and leases of goods. Clearly written and logically organized, this book presents an integrated treatment of Articles 2 and 2A of the Uniform Commercial...

The New Banking Crisis: Veteran Banking Attorneys Say This Time Around Things Are Very Different

The last several months may have seemed a bit like a reunion for veteran banking litigators, Hughes Hubbard & Reed’s Dennis Klein told participants at the opening of a two-day conference on the FDIC and the New Banking Crisis held in mid-January. When he and partner Scott Christensen sat down...

Consignments under U.C.C. Article 9

SUMMARY: As the economy continues to weaken across all sectors, consignment arrangements may become more attractive to dealers. In the typical consignment, the consignor is a manufacturer of goods that wishes to sell them in the market. The consignee is a dealer in such goods and offers to try to sell...

Applicability of Contract Law Theory to the AIG Executive Bonus Scandal

The outrage over the millions in taxpayer dollars paid in bonuses to AIG employees induced a frantic search to discover ways to address this putative injustice. Leading contract law authority Dr. John Murray, Jr. examines several tenets of contract law raised in connection with the contracts, including...

Understanding Commercial Leasing

The task of drafting and negotiating a commercial lease can be daunting to the uninitiated practitioner. The attorney must not only have a grasp of the basic real estate concepts underlying a lease agreement, but also must have a working knowledge of the business concerns driving the transaction. In...

Practical Tips for Closing the Deal

"Closing" a transaction is one of the most important duties performed by a junior business attorney. A transaction is considered closed when all requisite documents have been negotiated, signed and delivered, any instruments or certificates have been exchanged, authorizations and consents are...