The Property Line

In Seyfarth’s 9th annual Real Estate Market Sentiment Survey, executives across the commercial real estate sector weigh in on their top concerns and investment priorities as they navigate a delicate balance between hope and caution, mindful of impacts stemming from potential rate adjustments, persistent scarcity in debt financing, the looming specter of an economic slowdown, new workplace norms, a...

As the trend of working from home solidifies and the number of office vacancies continues to rise, many office building owners are looking for alternative uses for their properties. While converting those buildings to residential spaces could reinvigorate central business districts and help ease the housing crunch, there’s no straight line to success. In this episode, Neil Weisbard, a partner at S...

The development and construction of a new real estate project can be a long and winding road, with many traps for the unwary along the way. Having an experienced real estate attorney to quarterback the process from site selection through to completion and delivery can help owners and developers save time and money and avoid headaches. In this episode, Jami Balint and Catherine Burns, co-chairs of...

As lenders continue to sell sub- and non-performing loans in today’s market, buyers should consider important legal, financial, and commercial analyses to avoid “buyer’s remorse.” Whether a single loan or a portfolio, reviewing loan documentation, examining security measures, verifying the status of original notes, assessing lender transfer restrictions, navigating relevant regulations, and ensuri...

Artificial intelligence and large language models have had an impact on many industries during the past year, including commercial real estate. Despite lingering concerns about data confidentiality and AI hallucinations, among other things, this new technology has showcased remarkable potential to streamline transactions when used with proper oversight. As real estate professionals and their attor...

The Corporate Transparency Act (CTA) was passed in 2019 to address the use of legal entities in money laundering, the financing of terrorism, and other illegal activities. Commencing on its effective date of January 1, 2024, the CTA will require affected legal entities to disclose information about their beneficial owners and controlling parties to the U.S. Department of the Treasury’s Financial C...

Amidst rising interest rates and lower asset values, many borrowers find themselves struggling to refinance existing commercial mortgage loans. As a result, both borrowers and lenders are confronting a surge in distressed mortgage debt. In this episode, Arren Goldman and James Sowka return to join James O’Brien and Eric Greenberg for a discussion on the early stages of the loan restructuring proce...

Distressed loans are becoming increasingly relevant across all sectors for borrowers, lenders, and servicers, but is this distress a result of economic conditions, over-extended sponsors, poor management, or a combination of all of these factors? In this episode, Richard Fischel, partner at Brighton Capital Advisors, joins Arren Goldman and James Sowka to share his perspective on loan modification...

When a borrower faces financial distress, a deed in lieu allows it a voluntary path to transfer ownership of the property in question back to the lender. Though this can help avoid the lengthy and expensive traditional foreclosure process, both borrowers and lenders should be aware of potential cons depending on the circumstances of the situation before proposing or agreeing to the arrangement. In...

Across the US, retail tenants, landlords, and customers are grappling with the detrimental effects of organized retail theft, which involves groups of individuals stealing goods to finance criminal activities. As the issue continues to grow in both scale and complexity, property owners and retailers are seeking ways to protect the safety of customers and employees while minimizing profit losses. I...

Foreign sovereigns frequently engage in real estate transactions in the United States, ranging from embassies and consulates leasing property for their offices to sovereign wealth funds investing in real estate. Owners of real estate might interact with foreign sovereigns for other reasons as well — for example, if your neighbor is an embassy or consulate, you may need to negotiate access during c...

Build-to-suit (BTS) leases have become increasingly popular, especially with users of industrial real estate, but they present certain development-related issues not found in standard commercial leases. Budget development and reconciliation, bidding, allocation of cost savings, and late delivery are all important items for tenants to understand in order to effectively manage costs and protect agai...

Over the past week, first Silicon Valley Bank and then Signature Bank fell victim to bank runs and were taken over by the FDIC. These bank failures have riled financial markets both domestically and abroad, leading to concerns that other banks may be in trouble. How does this affect owners and occupiers of real estate? In this episode, Bill Hanlon and David Bizar join hosts Eric Greenberg and Jame...

In Seyfarth’s 8th Annual Real Estate Market Sentiment Survey, executives across the commercial real estate sector shed light on their top concerns and investment priorities for 2023. Though many industry media outlets remain focused on high inflation rates and a potential decline in economic activity, survey respondents were cautiously optimistic about developing opportunities in the coming months...

Retail bankruptcies are back, driven by high labor costs, rising inflation, and maturing debt. Even if a bankruptcy is a “financial restructuring,” you can count on the bankrupt tenant using the bankruptcy code to reject, renegotiate, or sell some of its leases. Additionally, there may be a “going out of business sale” on your property or you may end up with a new tenant. In this episode, Eric Gre...

Discussions of rising interest rates and inflation coupled with other hurdles are largely behind the feeling of uncertainty that persists across the real estate finance market. However, opportunities are there for those ready to seize them. In this episode, Dan Evans and Jay Wardlaw talk with Willard Moore and James Sowka about anticipated top lending trends for the year ahead and what that means...

Despite indicators signaling a coming downturn, retail remains on the rise as companies expand at a brisk pace across the country. Are consumers making up for time lost during the pandemic? How long can this last given the coming economic headwinds? In this episode, hosts Eric Greenberg and James O‘Brien talk with Greg Covey, Senior Vice President at CBRE, about the current state of the retail mar...

Cannabis continues to be one of the fastest-growing industries, with exponential growth predicted over the next decade. Commercial real estate transactions in this space still face many hurdles and question marks, however, due to constant shifts in the legal landscape. In this episode, hosts Stanley Jutkowitz and Christopher Palmese are joined by Benjamin Clack, Corporate Counsel at Curaleaf, to d...

Over the past few years, the economy in general, and commercial real estate markets in particular, have proved remarkably resilient – absorbing the shock of the pandemic and its lingering after effects, contending with climate change, and managing through a challenged supply chain, all while maintaining growth and a strong job market. 2022 has looked a little different with retreating equity marke...

What is the “metaverse”? It’s touted as a place online where in the future we’ll all be working and socializing, but why is it seen as an investment, or even a place to own and rent property? Paul Haswell joins host James O’Brien to provide an overview of the metaverse and the risks and opportunities presented by investing in digital property.

Following two years of relatively stable and historically low interest rates, the commercial real estate industry now finds itself in the throes of a challenging market for closing transactions. In this episode, hosts Jay Wardlaw and Dan Evans and guests Ron Gart and Tobi Pinsky take a look at the current environment through a finance lens, including: • transaction lifecycles as cap rates increase...

In this episode, partners Jay Wardlaw and Gordon Peery discuss challenges stemming from the successful adoption of the Secured Overnight Financing Rate (SOFR) and cessation of 24 of 35 settings of the London Interbank Offered Rate (LIBOR). At the end of 2021, we saw the close of the first phase of LIBOR cessation with the remaining LIBOR settings scheduled to cease at the end of June 2023. Between...

With uncertainties regarding the economy, interest rates rising, the cost of real estate development soaring, and financial distress resulting from the pandemic weighing heavy on many, real estate investors and users may find themselves in financial distress and exploring bankruptcy as a necessary step. In this episode, we offer a primer on some of the more common bankruptcy issues faced by those...

Environmental, Social, and Governance (ESG) issues are becoming increasingly important to real estate investors. With more media coverage of the environmental and social issues affecting society, there is greater awareness of the need to address sustainability and social impacts in real estate investment strategies. In this episode, Seyfarth partners Ameena Majid and Rebecca Davis join hosts James...

Driven by pent-up demand coming out of the pandemic, retail is on the rise. After a two-year hiatus, the ICSC retail real estate conference returned to Las Vegas in May with 20,000+ attendees from leading retailers, developers, and real estate companies. In this episode, partner Eric Greenberg and senior associate Annie Malo highlight key takeaways and new trends spotted as the industry got back t...