Commercial Real Estate Law Blog

Indiana Toll Road-Related Foreclosure?

Wednesday, July 13, 2011 by John D. Waller

A July 7th article from Bloomberg Businessweek concluded that the Indiana Toll Road, which had been "held up as an example of public-private partnerships, shows no signs of breaking even for its conglomerate." LINK. Given the political backrop, it's hard to imagine that it would ever come to this - but the article... Read More

Posted at 09:18 AM | PERMALINK

Topic: Commercial Real Estate

Indiana Supreme Court Clarifies Indiana Law In Distinguishing A True Lease From A Sale Subject To A Security Interest

Wednesday, July 6, 2011 by John D. Waller

Today’s post supplements my February 11, 2011 post regarding Gibraltar Financial v. Prestige Equipment punch press case. On June 21, 2011 (.pdf), the Indiana Supreme Court reversed the Court of Appeals’ decision that was the topic of my prior article. At issue is the sometimes difficult question of whether a transaction constituted a lease or a sale... Read More

Posted at 12:33 PM | PERMALINK

Topic: Commercial Real Estate

Landlord's Remedies on Tenant's Default under Commercial Lease

Saturday, February 13, 2010 by Philip W. Boyko

When a tenant defaults under a commercial lease, which usually means the tenant's failure to timely pay rent, the landlord will usually attempt to negotiate some resolution to collect the rents owed. That only makes sense as it is easier and less costly to keep the tenant in the space than to evict and begin the process of filling the space with a new tenant. But that sometimes doesn't work and it becomes readily apparent that the tenant must go. In the commecial context... Read More

Posted at 11:23 AM | PERMALINK

Topic: Commercial Real Estate

What's My Case Worth? A Guide To Case Valuation

Monday, December 21, 2009 by Sheryl L. Axelrod

This blog explains how to assess the value of your case.... Read More

Posted at 08:05 AM | PERMALINK

Topic: Commercial Real Estate

Purchase Money Anti-Deficiency Law - CCP Section 580(b)

Tuesday, December 8, 2009 by Dennis F. Fabozzi

CCP § 580(b) sets forth the restriction on seeking a deficiency judgment in any case where the underlying debt was for a purchase money obligation. Purchase money obligation means that either: (a) credit was extended to the buyer by the seller in order to finance the purchase of property and which is secured by the property; or (b) funds which were loaned to the buyer by a third party if those funds were used to pay all or a part of the purchase price and the loan... Read More

Posted at 19:14 PM | PERMALINK

Topic: Commercial Real Estate

Mixed Collateral and the Antideficiency Statutes

Tuesday, December 1, 2009 by Dennis F. Fabozzi

Where the lender has secured the same debt by both real property and personal property, different rules apply. This is due to the fairly recent enactment of California Commercial Code § 9604 (2001.) Com Code § 9604 allows a lender holding both real and personal property collateral to elect, for each item of personal property, to either: (a) separately foreclose on each individual item of personal property; or (b) include personal property in the real estate... Read More

Posted at 18:17 PM | PERMALINK

Topic: Commercial Real Estate

Does the Seller of Florida Real Estate Need a Lawyer?

Thursday, April 2, 2009 by James W. Martin

Anyone who sells real estate in Florida should consider engaging a lawyer to watch for pitfalls.... Read More

Posted at 12:56 PM | PERMALINK

Topic: Commercial Real Estate

Be Careful Using Form Real Estate Contracts

Thursday, April 2, 2009 by James W. Martin

Form contracts for sale of real estate may need to be modified before use.... Read More

Posted at 12:34 PM | PERMALINK

Topic: Commercial Real Estate

Mortgage Foreclosure : The Process in Florida

Thursday, April 2, 2009 by James W. Martin

Mortgage foreclosure in Florida is a court process that follows strict rules of procedure.... Read More

Posted at 12:24 PM | PERMALINK

Topic: Commercial Real Estate

Cure clause not a cure all

Tuesday, May 8, 2007 by Mark B. Kleinfeld

The opinion in Nacoochee Corp. v. Pickett, decided by a Florida appeals court and available at opinions.1dca.org/written/opinions2006/12-6-06/05-3675.pdf, includes an interesting interplay between a deposit clause in a land sale contract and a notice of default and cure clause. The contract at issued included a cure period provision would seem for defaults under the contract. In this case, the court held that the failure to make a required deposit on time was not subject to cure.... Read More

Posted at 12:42 PM | PERMALINK

Topic: Commercial Real Estate

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