News & Publications

When purchasing a commercial real estate loan that is in "distress," it is crucial that one understands the nature of the defaults and the motivations of each party involved in the transaction and the deal. Diligence is key. Begin by mining your sources. How did you learn of the loan's availability? A broker? A public record, such as a foreclosure complaint? Sign a non-disclosure agreement and access the data room and get as much information as [...]

In George R. R. Martin's "Game of Thrones" books,1 each of the many different lands or houses have mottos or mantras unique to their region's attributes. In the North, where it is always cold and getting colder, they repeat the mantra, "winter is coming," as an omen of bad things to come. That saying is also a truism - the next winter is always coming, even during the current winter - and it is intended to [...]

As we have previously discussed, downzoning (changing the zoning designation for property from a more intensive use to a more restrictive use) can possibly rise to the level of a regulatory taking, depending on each individual situation. A recent case, FFV Coyote LLC v. City of San Jose, 2022 U.S. Dist. LEXIS 195036, analyzed this issue at the motion to dismiss stage and concluded that the plaintiffs had sufficiently plead a Fifth Amendment regulatory takings claim to [...]