Nothing Is Predictable – It’s an Election Year!
By
First American NCS on March 10, 2016
There is so much uncertainty globally that nothing is predictable! Economic factors impacting commercial real estate, such as record-high valuations and property pricing, rising interest rates, and an overall structural shift in the global economy are ...
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Topics: CRE trends
NCS Lecture Series: Strategies for 1031 Success Webinar - Replay
By
Mary Kay Kennedy on February 24, 2016
Learn how to structure your deal to maximize your tax benefits and leverage a 1031 exchange to your advantage.
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Options for Partners in a 1031 Exchange
By
Mary Kay Kennedy on February 12, 2016
When a partnership owns real estate and plans to sell it, the individual partners often disagree about whether to set up an exchange or cash out, and whether they want to acquire something together or go their separate ways. If all of the partners want ...
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Topics: 1031 Exchange
Enforceability of Attorneys’ Fees Provisions in Nonrecourse Loans
By
Jack Murray on January 28, 2016
Lenders should be especially careful when drafting attorneys’ fees provisions in commercial loan documents that contain nonrecourse provisions with specific carveouts. For example, in Aozora Bank, Ltd. v. 1333 North California Boulevard, 119 Cal. App. ...
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Topics: Non-recourse Loans Attorney's fees
Negative Pledges – Are They Insurable Interests in Real Estate?
By
Jack Murray on January 14, 2016
With respect to a negative pledge, i.e., a covenant by the borrower not to convey or encumber specified real property during the term of the subject loan, the restatement (third) of property (mortgages) (“restatement”) (1997) § 3.5, Negative Covenant ...
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Topics: Insurable Interest
Mortgage Recording Tax and Revolving Credit in New York
By
Mike Berey on January 5, 2016
Mortgage recording tax must be paid to record a mortgage in New York State, unless there is a statutory exemption from the tax. The tax rate varies depending on the location of the mortgaged property, the highest rate of tax being $2.80 for each $100 of ...
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Topics: Mortgage Tax