Practical Counsel

About This Blog

An opinionated view of law, lawyers and dealmaking.

By Maura O'Connor

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. FULL STORY

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. FULL STORY

Desperate times driving desperate measures in some California county recorders' offices

California’s perennial budget problems have pushed some aggressive county recorders' offices into charging unjustified documentary transfer taxes on some deed-in-lieu of foreclosure deals. FULL STORY

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. FULL STORY

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. FULL STORY

CRE Basics: Due Diligence

Due diligence may not be exciting, but going through the process is necessary to avert many misunderstandings and problems later. FULL STORY

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CRE Basics: Surveys

Why the time, money and effort to get a survey is virtually always worthwhile in any commercial real estate purchase or loan. FULL STORY

Enforcing a Lost Note

Life used to be simple. When a bank or insurance company made a real estate loan in California, its borrower signed a note and a deed of trust, our form of mortgage. (Usually, they used blue ink to sign, so you could tell the original signature from copies.) The deed of trust was recorded. The lender held the original note in its vault until the loan was repaid. Then the lender marked the original… FULL STORY

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Save Your Commercial Real Estate Deal from the Weakest Link

Every commercial real estate deal, and every real estate closing, is at risk of being killed inadvertently by the weakest link at all times. Here's how to overcome that risk. FULL STORY

SNDAs: a great planning tool for lenders (and tenants)

What happens to tenants when a lender forecloses on commercial property? The law in this area is a mess. However, there's an easy way to create a predictable outcome: use a SNDA. FULL STORY

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