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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.

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This week’s round-up explores backlog shifts in the nonresidential construction sector, updates from the ongoing war between Russia and Ukraine, lithium-ion battery storage issues in New York City, and more.

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We recently discussed the importance of diligence when acquiring distressed commercial mortgage loans, providing a diligence checklist for the process. Given that any foreclosing mezzanine lender may step “into ownership” if it forecloses upon its mezzanine loan, perhaps even greater care should be exercised when considering the purchase of a distressed real estate mezzanine loan. As with a mortgage loan, diligence is key!

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This week’s round-up dives into NFT fractionalization and its potential benefit to increase accessibility in real estate investing, lobbying efforts surrounding Infrastructure Investment and Jobs Act (IIJA) funding, experimental retail spaces, and more.

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Checklist-1134900360-300x200When 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.

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This week’s round-up dives into digital transformation in the construction industry, renewed interest in flexible workspaces, and how the infrastructure sector can become more resilient and sustainable, both economically and environmentally.

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This week’s round-up features the decline in construction starts, proptech and its potential impact on the affordable housing sector, the residential home solar market, and more.

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This week’s round-up features green financing of hotels, efforts of the European Union to protect critical infrastructure, initiatives surrounding the IIJA to advance equity for historically disadvantaged businesses, and more.

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Early pandemic fears that brick-and-mortar retail would not live to see the next decade look to be largely unfounded. Shopping centers remain a sound investment for private firms and large institutional investors alike, as evidenced by new numbers suggesting that retail acquisition surged to nearly $82 billion last year, a figure up 24% from the pre-pandemic levels of 2019. This revitalization has continued into this year, with first-quarter transaction volume hitting $25 billion, reflecting an 82% increase from the same period in 2021. In the second quarter of this year, more than 900 shopping centers sold nationwide—a total of $16.6 billion alone for in-person retail. Retail vacancies are the lowest they’ve been in at least 15 years, and current rent averages are up 16% than the rental rates of five years ago.

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