A wraparound mortgage transaction has been described as follows: [A] preexisting mortgage (usually of first priority) on the real estate remains in place, while a new “wraparound” mortgage of second priority, generally for a higher balance, is placed on ...

When two sets of sophisticated real estate investors represented by experienced counsel say something is a duck -- and it quacks and swims with its webbed feet -- is it a duck?

What is the scope of a non-assignability provision in a commercial lease? How specific must the non-assignability language be to cover collateral assignments for security as well as absolute present assignments of possession and use? If the lease clause ...

A recent Wisconsin Court of Appeals opinion, MidCountry Bank v. Bork, 371 Wis. 2d 564 (2016), serves as a reminder for lenders and attorneys that judicial foreclosure in Wisconsin (and many other states) is an equitable remedy -- which a court may either ...

In response to the surge in lender-liability claims against mortgage lenders commencing in the mid-1980s -- especially in connection with affirmative claims or defenses of borrowers based on breach of an alleged oral agreement to extend, modify or ...

On December 15, 2015, Congress passed an Omnibus appropriations bill containing, among other things, an extension of all current EB-5 rules (with no modification) until September 30, 2016 (“2016 Extension Period”). Congress recognized the need for reform ...