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Category Archives: Secured Lending and Finance

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New ASTM Standards for Due Diligence and Why You Should be Aware of Them

Posted in Due Diligence, Environmental and Land Use, Hazardous Waste, Real Estate Acquisitions and Dispositions, Real Estate Development, Real Estate Litigation, Secured Lending and Finance

WHY YOU NEED TO ENGAGE IN DUE DILIGENCE PRE-ACQUISITION Prior to purchasing or leasing property, it is necessary in most instances to engage in at least a screening environmental review.  The purpose of a pre-transaction investigation is two-fold:  first, to determine whether there are issues that must be dealt with in the relevant agreement (or… Continue Reading

When is a bad act, which triggers recourse on a mortgage loan, a good act for the lender?

Posted in Real Estate Development, Secured Lending and Finance

Borrowers and guarantors often ask mortgage lenders to not seek personal judgments against them and only look to the real property and other collateral for repayment of their loan in case of default.  If granted, the loans are commonly called “non-recourse” loans.  However, if even a lender grants such non-recourse, it will want certain exceptions… Continue Reading