Gravel2Gavel Construction & Real Estate Law Blog
In this week’s roundup, we consider distressed property bonds and loans, cities that are sinking under their own skyscrapers, efforts to lower carbon emissions, the unexpected potential of dirty diapers as a building material, and so much more.
Articles Posted in Distressed Real Estate
Real Estate & Construction News Roundup (05/10/23) – Wobbling Real Estate, Booming (and Busting) Construction, and Eye-Watering Insurance Premiums
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In our latest roundup, the commercial real estate sector continues to wobble, construction booms and busts, flood insurance premiums reach eye-watering levels, and more.
Anticipating and Navigating the Rescue Capital Wave
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With 2023 well underway, it is clear that inflation, interest rates, decreased valuations and geopolitical unrest, together with the uncertain future of major asset classes (particularly office and retail), will lead to a wave of distressed real estate transactions. This may result in a familiar pattern of workouts, bankruptcies and foreclosures relating to existing indebtedness.
In “Planning for the Rescue Capital Wave,” written for The Real Estate Finance Journal, colleagues Andrew J. Weiner and Joshua Becker discuss the current real estate ownership and investment climate and how investors should prepare for rising inflations rates via rescue capital. They provide insight on how best to negotiate and consider complex transactions and offers evidence on how rescue capital deals are truly opportunistic investments.
Adaptive Reuse: Creative Reimagining of Former Office Space to Address Differing Demands
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Empty office buildings downtown. A housing shortage in almost every major market. Is there a way to address both issues at once by converting historic but underutilized office buildings into apartments and condos in city centers? It’s an idea that has been discussed, and in some cities, implemented in recent years. But while the idea seems simple enough—repurpose existing office space for residential and mixed-use projects—there are some real challenges limiting the feasibility of large-scale office to residential conversion.
Real Estate & Construction News Roundup (03/01/23) – Mass Timber, IIJA Funding and Distressed Real Estate
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This week’s roundup explores how Infrastructure Investment and Jobs Act (IIJA) funding is being deployed, mass timber is on the rise as decarbonization efforts continue, and commercial real estate remains distressed.
Acquiring Distressed Real Estate Debt: Diligence Checklists, UCC Foreclosure Basics and 363 Bankruptcy Sales
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In this four-part series, colleagues Caroline A. Harcourt and Patrick E. Fitzmaurice provide diligence checklists for the acquisition of distressed real estate debt, and discuss UCC foreclosure basics and 363 bankruptcy sales.
Acquisition of Distressed Loans: Bankruptcy Considerations and the 363 Sale
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There are no shortage of bankruptcy considerations that must be understood by an incoming lender who acquires a distressed commercial real estate loan and whose borrower shortly thereafter files for bankruptcy protection. For the purposes of this article, we imagine a hypothetical distressed debt buyer who has acquired the loan with the goal of eventually obtaining the underlying property and who may be distressed (pun intended!) by the bankruptcy filing. While often considered an impediment to acquisition efforts, we believe that bankruptcy presents significant benefits and opportunities for the strategic loan-to-own investor.
UCC Foreclosure Basics: Acquisition of Distressed Real Estate Mezzanine Debt
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We recently provided an outline of items to diligence when purchasing a mortgage loan in distress—and separately also discussed issues to diligence when purchasing a mezzanine loan in distress. This post (the third in this series) outlines Uniform Commercial Code (UCC) foreclosures in general terms and describes key considerations for mezzanine lenders (and the purchasers of distressed mezzanine loans) contemplating or planning a UCC foreclosure.
Acquiring Distressed Commercial Mortgage Loans: A Diligence Checklist
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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.
Is a By-the-Hour Motel a Single Asset Real Estate for Chapter 11 Purposes?
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Single asset real estate (SARE) is a unique classification under the Bankruptcy Code with implications for both debtors and lenders. SARE classification is apparent for a property such as a shopping center, apartment complex or office building where the debtor’s income is generated exclusively from real estate operations, but is less apparent for a hospitality property where the debtor may provide incidental services. Although a full-service hotel with a pool, fitness center and restaurant is not a SARE property, recent trends indicate that even hourly motels offering little-to-no onsite amenities may not qualify for SARE classification. Because SARE classification is viewed as providing lenders with distinct advantages in a chapter 11 case, property owners seeking chapter 11 protection to reorganize often try to avoid that classification, while lenders seek to impose it through sometimes costly litigation.