Unilateral lease subordination options: can California real property lenders have their cake and eat it too?

Article Abstract:

Institutional lenders normally require their liens to be superior to all other subjects of record when making loans secured by real estate. Holding a senior position, however, more often than not exposes them to the risk of losing valuable property leases in case of foreclosures. Under California real property laws, this risk can be avoided as there is a strong legal argument that lenders covered by the state law can create and enforce a unilateral option to preserve or extinguish leases subsequently created to the perfection of the lenders' particular interests.

Priorities of claims and liens, Loans, Liens

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Updating the bulk-sale market's benchmark of value

Article Abstract:

The Resolution Trust Corp. has revised its derived investment pricing model for real estate owners that are increasingly divesting their properties in bulk. The amendments include a revision in the real estate cash flow methodology, particularly in circumstances in which the owner has declared bankruptcy or under threat of foreclosure. Other amendments include a reduction in discount rates available on nonperforming loans and securitizations for this type of loan.

Economic policy, Real property, United States. Resolution Trust Corp.

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The Bankruptcy Reform Act of 1994: increased challenges for single asset real estate cases

Article Abstract:

The Bankruptcy Reform Act of 1994, whose effectivity began on Oct. 22, 1994, poses new challenges for bankruptcy cases where 'single asset real estate' is involved. The new ruling states that the filing of a bankruptcy case stays at once the start or continuation of actions against the debtor or its property that were or could have been instituted before the start of the case.

Bankruptcy Law, Other Justice, Public Order, and Safety Activities, Evaluation

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