About This BlogAn opinionated view of law, lawyers and dealmaking.
CRE Basics: Guaranties of California CRE loans
Why are guaranties of California commercial real estate loans so hard to understand?Read More
Deal Closers and Deal Killers
It's an open secret that some lawyers are deal killers, not deal closers. Here are a few hints so you can tell the difference.Read More
IF THE ECONOMY IS IMPROVING, WHY DOES IT FEEL LIKE IT IS STUCK IN THE DITCH?
There's a lot of happy talk about the economy, much coming from inside the Beltway and from Wall Street, but out here on the Pacific shore, things don't look so good for commercial real estate because ongoing economic trends are limiting consumer spending.Read More
An underutilized remedy for California lenders: Section 2938 rent demands
In 1996, California's legislature made it easy for CRE lenders to take their defaulted borrowers' rents. Why don't lenders use this cheap and fast remedy more often?Read More
Get it in writing!
Of all the mistakes we see, one of the most frequent -- and avoidable -- is failing to get all of the key terms of your deal in writing.Read More
Attack of the Zombie Clauses!
Zombie clause attacks are dangerous, and sometimes fatal to a real estate project. Your ability to prevent a zombie clause attack depends on you.Read More
2012 CRE Markets: Up, Down or Sideways?
It's January, time for predictions. But this year there seems to be only one consensus: that there is no consensus.Read More
Desperate times driving desperate measures in some California county recorders' offices
Californias perennial budget problems have pushed some aggressive county recorders' offices into charging unjustified documentary transfer taxes on some deed-in-lieu of foreclosure deals.Read More
Troubled CRE Loan Resolutions Now
What's happening in distressed commercial real estate loan resolutions now? My view is that there are many different deals being done, but they all seem to have hair on them.Read More
CRE Basics: Reviewing Title
You get what you pay for -- or do you? The seller may not even know that a prior owner gave away an easement through the middle of the property you are planning to buy. Protect yourself by reviewing title to the property.Read More