A CMBS and CDO Primer
by Parke Chapman wrote a primer in the National Real Estate Investor on CMBS, CDO and the commercial debt markets. Some highlights: Q: What led to …
Author: Doug Cornelius
Guarantee Liability with Mezzanine Loans and Mortgages
With mezzanine financing, there is a potential guarantee liability to the principals of the developer that they may not foresee. The issue arises in a …
Housing Authority Has Stronger Powers to Evict For Criminal Behavior of Tenants
In Boston Housing Authority v. Garcia (SJC-09753) (August 17, 2007), the Massachusetts Supreme Judicial Court clarified the position after United States Supreme Court’s ruling in …
The Right to Exclude as a Property Right
Jerry L. Anderson (Drake University Law School) has posted Comparative Perspectives on Property Rights: The Right to Exclude on SSRN. I found it fascinating article …
REIT Joint Ventures Unfazed By Credit Market Tumult
According to this article in Retail Traffic Magazine, REIT Joint Ventures Unfazed By Credit Market Tumult. I have done a fair amount of work with …
Exceptions to Limited Liability
Last week I noted the story and decision of City of Springfield Code Enforcement v. Concerned Citizens for Springfield, Inc., et al. in which Housing …
Reasonable Efforts versus Best Efforts
Ken Adams, author of A Manual of style for Contract Drafting, published this article in The Practical Lawyer: Understanding Best Efforts and Its Variants. I …
New Orleans
I just got back from a weekend in New Orleans and thought I would share my thoughts on this recovering city. You should plan a …
Discharging Old Mortgages
When browsing through Massachusetts Lawyers Weekly, I came across Kowalczyk, et al. v. Estate of Smiarowski (Lawyers Weekly No. 14-087-07) (6 pages) (Sands, J.) (Land …
Real Estate Development From Beginning to End in Massachusetts
I will speaking as part of the seminar: Real Estate Development From Beginning to End in Massachusetts in Dedham on November 16, 2007. Agenda 8:30 …
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Merideth & Grew Restructuring
From a press release that came out today: Meredith & Grew announced today that it has completed the sale of an 80% interest in the …
Secured Real Estate Mezzanine Lending
I just received a copy of an article by James D. Pendergast, Senior Vice President and the General Counsel of the U.C.C. Division of the …
New Predatory Lending Regulations – (18) Prohibiting Discrimination
The Attorney General is proposing new regulations under the Consumer Protection Act (M.G.L. 93A). The new regulations add new prohibited activities as provisions (15), (16), …
New Predatory Lending Regulations – (17) Loans Not in the Borrower’s Interest
The Attorney General is proposing new regulations under the Consumer Protection Act (M.G.L. 93A). The new regulations add new prohibited activities as provisions (15), (16), …
New Predatory Lending Regulations – (16) No Documentation Loans
The Attorney General is proposing new regulations under the Consumer Protection Act (M.G.L. 93A). The new regulations add new prohibited activities as provisions (15), (16), …
New Predatory Lending Regulations – (15) Lender Must Believe the Borrower Can Repay
The Attorney General is proposing new regulations under the Consumer Protection Act (M.G.L. 93A). The new regulations add new prohibited activities as provisions (15), (16), …
Summary of Proposed Predatory Lending Regulations
The Attorney General is proposing new regulations under the Consumer Protection Act (M.G.L. 93A). The Attorney General summarized wants to enact the new regulations to: …
Predatory Lending Regulations and Hearing Schedule
The Massachusetts Attorney General is reacting to the current sub-prime mortgage lending situation by proposing several new regulations under M.G.L. 93A A copy of the …
Relocation Of An Easement
I must have missed this case when it came out in 2004, but Massachusetts has changed the law on the ability to relocate an easement …
1031 Exchange Do’s and Don’ts
Rochelle Stone, of Starker Services Inc., wrote this article in the National Real Estate Investor: 1031 Exchange Do’s and Don’ts. She points out the importance …