Mezzanine Loan Held Not to Clog Equity of Redemption
By
Mike Berey on September 5, 2018
A loan for real estate projects in Kansas City and Cincinnati was secured by a mortgage on the land being developed and by the pledge of the membership interests in the borrower. The lenders commenced a UCC foreclosure sale of the membership interests.
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Topics: equity of redemption mezzanine loan
UCC-1 May Be Void if Trustee of Trust Owning Cooperative Unit Applied Loan Proceeds for Non-Trust Debts
By
Mike Berey on August 30, 2018
Plaintiff, the sole trustee of a trust which owned a cooperative unit, commenced an Action for a declaration that a Uniform Commercial Code Financing Statement filed against the unit as security for a loan to the Plaintiff, personally and in his capacity ...
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Topics: UCC
Purchaser Held Not Entitled to Rely on Judgment Amount as Docketed
By
Mike Berey on August 23, 2018
In 2009, Defendant Paul Tauber (“Tauber”) obtained a judgment for $217,245 including interest of $16,050 and an amount for costs and disbursements. The judgment was mistakenly docketed by the Kings County Clerk in the amount of $16,050. The Plaintiff, ...
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Parol Evidence To Be Applied to Determine Description of Mortgaged Property
By
Mike Berey on August 9, 2018
The note and the mortgage being foreclosed by JPMorgan Chase Bank, National Association (“Chase”) referred only to tax lot 48, but the metes and bounds description attached to the mortgage encompassed tax lots 48 and 49. A mortgage later executed to ...
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Topics: parol evidence
Auction Sale Purchaser Held Responsible for Unpaid Maintenance
By
Mike Berey on July 31, 2018
The term of an auction sale of a cooperative unit for unpaid maintenance charges stated that “the winning bidder would be responsible for any maintenance arrears” and that the sale was “subject to ...any maintenance due at the Closing to the Co-op ...
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Topics: auction
The New Economy and Commercial Real Estate: Short-Term Gains, Long-Term Questions?
By
First American NCS on July 10, 2018
The good times for investors in U.S. commercial real estate continues, as the national economy is going through a rapid metamorphosis thanks to recent legislation and trade reforms. Over the long term, however, other trends may have significant impacts ...
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Topics: Commercial Real Estate