Defeasance, in its simplest terms, is the substitution of collateral. In the world of commercial mortgage-backed securities (CMBS), the substitution involves a borrower replacing the real estate securing its a loan with a portfolio of U.S. securities. The portfolio is designed to generate the same debt-service through the term of the loan as the original …
You’ve done well investing in real estate, and are looking to grow your portfolio. Your broker just called and gave you the “hot-tip” of the week: That sparkling Class A office building at Main and Main, the one you have coveted since investor-infancy, will be coming to market in three months. Now your firm has …
Arms length transactions are important to understand in commercial real estate, particularly for lenders. To see why, consider the following scenario. Suppose you’re the lender to an LLC formed to acquire an office building. However, after closing the loan, you discover that the LLC’s managing member is the brother of the seller. It turns out the brothers conspired to transfer …
You’re considering the purchase of a particular property, but know it doesn’t conform to the city’s zoning ordinance. As such, you’ve negotiated the purchase contract so that closing is conditional upon you first being able to bring the property, and your intended use of it, into compliance. What type of application do you make? Rezone it …
Why is zoning important? Zoning laws determine what kind of structures can be built, whether or not an existing property can be re-purposed, and even whether or not an existing structure can be replaced with something new at all. Of course, even if these aren’t changes you are currently considering, you might have a neighbor trying …
You’ve read the first ten pages of the proposed commercial lease and are satisfied that it reflects the deal points. And then you get to the last three pages and the section titled “Miscellaneous.” Your eyes glaze over and you consider pouring that fourth cup of coffee. Or, you think, these are just “boilerplate” terms …
A commercial real estate developer identifies a property ideal for its use, but because he can’t find a way to make the project financially feasible, he considers looking elsewhere. The city though wants the developer to undertake the project because it would replace property that generates negative social and economic impacts with a property that …
Everyone enjoys a surprise now and then. That is, everyone except commercial real estate owners who just discovered their ability to use and develop their property has been severely limited without their consent. The neighbor claims it has the right to drive delivery trucks across the owner’s parking lot. Another neighbor asserts it has the …