Subordination without nondisturbance: a one-sided marriage

Article Abstract:

Mortgage lenders require that landlords negotiate leases with subordination clauses. The clauses make tenants' rights subordinate to all others, particularly to those of a subsequent lender or investor. Tenants negotiating leases must insist on some nondisturbance protection to avoid exposure to lease termination. The issues of timing of nondisturbance rights, the landlord's defaulted obligations, prepaid rents and exemptions of mortgagee obligations should be addressed.

Usage, Negotiation, mediation and arbitration, Contracts, Landlord and tenant, Leases, Landlord-tenant relations, Subordinated debentures

---

The 1994 Bankruptcy Reform Act strengthens the position of creditors

Article Abstract:

The real estate industry will benefit greatly from the Bankruptcy Reform Act of 1994 which became effective on October 22, 1994. The new law is the first bankruptcy reform legislation since 1978 and it encompasses individual, business and government bankruptcies. The law deals with specific aspects of the real estate industry ranging from real estate taxes and mortgages, to liens on rents, lessee rights, single-asset real estate and hotel rents.

Bankruptcy law

---

Impairing the remedy of stipulated damages

Article Abstract:

A 1998 case in the New Jersey Appellate Division determined that customary liquidated damages clauses in lender and landlord contracts may not be enforceable. Borrowers and tenants will be able to challenge these clauses and force lenders and landlords to prove that their stipulated damage amounts are valid.

United States, Liquidated damages

Similar abstracts:

• Abstracts: Landlord-tenant update. Bankruptcy code amendments - principal real estate provisions
• Abstracts: "All appropriate inquiry" regulations under CERCLA for the protection of innocent landowners. Remedies for nuisance may include damages for diminution of rental value and cost of fence which only partially abates nuisance
• Abstracts: Knives out among restaurant rivals. Hitting the big time. Staying power
• Abstracts: Value in marriage. Replacing the tigers. Safe as houses
• Abstracts: Virginia: building the information technology state. The empire state strikes back: New York with major reforms to attract expanding firms

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.