COMMERCIAL REAL ESTATE JOINT VENTURES By: Reginald A. Long, Sr., Esq. A Real Estate Joint Venture (“JV”) is essentially a business arrangement in which two or more parties agree to combine their resources in order to develop or acquire a real estate project. The JV facilitates the union between those professionals who are experts in […]
THE PHASE-OUT OF LIBOR AND IMPACT ON ...
By: Lisa D. Love For nearly fifty years, the London Interbank Offered Rate (LIBOR) has been used by banks and other financial institutions as a global floating reference rate (benchmark). It is the primary benchmark for short-term interest rates around the world and underpins more than $350 trillion in mortgages, commercial loans, bonds and derivatives. […]
THE TITLE INSURANCE COMMITMENT and cl...
By: Reginald A. Long, Esq. Pursuant to the New Jersey Title Act, title insurance companies are required to make a determination as to insurability prior to issuing an insurance policy. In order to determine the insurability of property, the title company will examine title to the property … Full Article
Selective Disclosure In Securities
On September 13, 2017, the Municipal Securities Rulemaking Board (the “MSRB”) published a market advisory (the “Market Advisory”) regarding “Selective Disclosure” by municipal security issuers, which occurs when certain classes of investors (such as investment banking firms, investment advisers and institutional investors) are given access to information but other investors are not. Selective disclosure may […]
Make Whole Provisions Triggered Upon ...
In Delaware Trust Co. v. Energy Future Intermediate Holding Co., 842 F.3d 247 (3d Cir. 2016),the Third Circuit stated that (i) New York and federal courts deem the term “redemption” to include both pre- and post-maturity repayments of debt, (ii) refinancings of debt by Energy Futures Intermediate Holding Co. (“EFIH”) with debtor-in-possession financing were optional […]
Enforceability of Tail Fee Provision ...
In a recent breach of contract action involving the failure to pay an investment banking tail fee, the New York Supreme Court Appellate Division unanimously affirmed the order of the lower court granting a motion for summary judgment in favor of StormHarbour Securities LP (“StormHarbour”) against IIG Trade Opportunities Fund N.V. (the “Fund”) requiring the […]
Grant of Interest in Real Property by...
In a motion brought in a mortgage foreclosure action by Plaintiff JPMorgan Chase Bank, N.A for an order dismissing an affirmative defense and the counterclaim of Defendant Bank of New York, the Supreme Court of Rockland County, New York in a recent unreported opinion… Full Article
Structuring Real Estate Development A...
Reginald A. Long, partner of Love and Long, LLP, co-presented the Stafford CLE “Structuring Real Estate Development Agreements with Municipalities (Leveraging Agreements for Long-Term Development Projects and Addressing Land Use and Infrastructure Issues). For more information relating to the CLE, please follow link to program outline. Full Article
Tips For Utilizing UCC
This publication covers the basic UCC principles of obtaining a security interest in collateral, attachment and perfection. It also reviews establishing and maintaining a secured party’s priority in common forms of collateral and some special forms of collateral. In addition, the publication covers the impact of bankruptcy on secured transactions and recent case law developments […]
Legal Ethics in Commercial Real Estat...
By: Reginald A. Long, Esq., Lisa D. Love, Esq. The role of the real estate attorney continues to change. These days, the commercial real estate attorney is often called upon to serve in dual roles as the transaction attorney and as a business consultant to the client given the attorney’s access to current business trends […]