Commercial Foreclosure Basics, Part 1 – Difference between Commercial and...
As the current economic recession deepens, commercial landlord's are beginning to feel the pinch from defaulting tenants. This will likely cause a ripple down effect, likely putting many commercial...
View ArticleBankruptcy Still Protects Tenant Even After Eviction Judgment
I've noticed some confusion among some of my clients and other attorneys over some of the changes of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, ("BAPCPA") as the changes...
View ArticleNew California Law Limits ADA “Hit & Run,” Plaintiff Suits
Effective January 1, 2009, California Senate Bill 1608 went into effect, limiting the rights of some disabled plaintiffs to bring suits to enforce the Americans with Disabilities Act. This new law was...
View ArticleSimon Property Group Seems to be doing Well
Going against the grain or not yet feeling the pain, Simon Property Group, major national owner of major malls, including Laguna Hills and Mission Viejo Malls in Orange County California, reports...
View ArticleCommercial Leases with Longer Notice Periods
In my earlier posting on January 20th, Negotiating Longer Notices To Pay Rent in Commercial Leases Part 1 , I discussed the significance of requiring a notice before a default occurs, in a commercial...
View ArticleBankruptcy IPS Facto Clause is Unenforceable
So, what is IPSO Facto? It is a Latin term that Lawyers use to mean, "automatic." In commercial leases, it means that no notice or anything else must first occur before the terms of the provision...
View ArticleEVERYTHING SEEMS MORE COMPLICATED
It’s not just me, so I am not going to ask the question. But it just seems that even the simplest things are complicated now and I am sure that it is due to information overload. I thought computers...
View ArticleDeficiency Judgments allowed in Arizona
For those living in California, take heed of Arizona's new law allowing deficiency judgments in foreclosure actions. In July, Arizona passed legislation removing the ban on a lender obtaining a...
View ArticleBy accepting rents late on a regular basis, commercial landlords can...
An issue recently arose with one of my clients when they wanted me to serve a 3-day notice on the 2nd day of the month. In reviewing the lease and the payment history, I noticed that the lease...
View ArticleFixed Fee Billing to Control Costs of Lease Negotiations
There was a recent discussion on the Corporate Real Estate Group regarding fixed fee billing by attorneys for lease negotiations. The following were my comments: Fixed fee billing can be of benefit to...
View ArticleCalifornia Appeals Court Rules Oral Promises Are Binding
A recent California appeals court ruling found that an oral promise by a lender to modify a loan is enforceable, by the borrower. California Appeals Court Rules Oral Promises Are Binding. To an...
View ArticleCommercial Real Estate Radio Discusses Selected Commercial Lease Clauses with...
On the February 16th show of Commercial Real Estate Radio, .Important Commercial Lease Clauses – Part 1 2/16/2011 – Howard Kline | Internet Radio | Blog Talk Radio., Dan Shasteen and I will focus on...
View ArticleImportant Commercial Lease Clauses – Part 1
During this show, Dan Shasteen and I will focus on specific lease clauses typically contained in commercial leases but that landlords and tenants pay little attention to. These provisions often are...
View ArticleMortgage Cram-Downs by Bankruptcy Judges Are Taking Place: DBRS
Mortgage Cram-Downs by Bankruptcy Judges Are Taking Place: DBRS. Are residential mortgage cram-downs authorized by law or do they even make sense? I suppose from the borrowers perspective, at least for...
View ArticleImportant Lease Clauses: Part Deux
This is the second of a multi-part series of shows where we discuss selected lease clauses, on air with legal and real estate experts. During this show, my featured guest, Jeff Vinzani and I will be...
View ArticleIs There Gold in Thar Hills?
I noticed this "ar" aticle (and no Mike, I did msipell this intentionally), in the Orange County Register about the expansion of Gold Max, a growing retail chain in the business of buying and selling...
View ArticleWaiver of Jury Trial in a Commercial Lease
Every commercial landlord wants a waiver of jury trial provision in their lease and nearly every commercial lease in California contains such a provision. Why do landlord's feel that this provision is...
View ArticleDo Real Estate Brokers Owe a Minimum Wage to Their Agents
At least one court and now the California Labor Commissioner thinks that agents are owed a minimum wage despite the traditional practice of paying agents as outside sales people on a commission only...
View ArticleDisclosure for Commission Rebate to Tenant
Wow, shame on me for not writing a post for over 1 1/2 months. I really got very busy with legal work, representing clients and attending conferences, etc. Shame on me and hopefully, this shameless...
View ArticleCrowdfunding to Raise Capital for Real Estate Investments. Good Idea or Bad?
The following is a guest blog from syndicating expert, Gene Trowbridge. His contact information is at the bottom of this post and if you would like to hear my interview of Gene in which we discuss...
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