A lien on nothing. That is exactly what a leasehold mortgagee fears it will get when it accepts a ground lease as collateral for a commercial mortgage loan. The lease might terminate prematurely and destroy all of leasehold mortgagee’s collateral,...

The following checklist is meant to act as a guide to various lease terms and provisions specific to farm leases. However, each lease is specific to the parties involved; accordingly, some of the items addressed below may not be relevant to a given...

These Model Insurance Requirements for a Ground Lease (the “Model Insurance Requirements”) consist of an extensive and detailed set of up-to-date insurance requirements suitable for use in a ground lease (a “Lease”). The Model Insurance...

Like every other aspect of life in New York over the past year, real property leasing, lending, and sales have been turned upside-down by the Covid-19 pandemic. Countless tenants and property owners have failed to pay full rent or mortgage...

“‘… [W]hen the court adopts the standards of the market place in making valuations there is no reason why it should close its eyes to how the market place arrives at and applies the standards. …‘, ‘It is difficult to perceive why testimony, which...

Two friends identify an attractive commercial real estate investment. They’ll form a limited liability company (LLC) for the investment and both invest. They’ll also raise more capital from friends and family, a great opportunity for all concerned....

Many books and articles have been written about the various elements and stages of a real estate development project. Most of those works are written from the perspective of the real estate developer, so they are heavily weighted toward the stages...

One of the most difficult challenges facing those who advise owners of family businesses is to get them to take the first step in the planning process. Too many advisors present many alternative (and sometimes conflicting) strategies, leading the...

A lot has changed in this world since this article was first written. The pandemic has had an enormous effect on commercial real estate, but its longterm impact may not be known for years. Although the pandemic has accelerated change, it has not...