Commercial Real Estate
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Acceleration Is Not a Magic Word
A commercial loan default and an effective acceleration are not the same event. Texas borrowers should…
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Your Lender Has $500,000 of Your Money. Can It Still Declare You in Default?
A commercial lender may control substantial reserves, escrows, or insurance proceeds and still declare a default.…
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The Receiver Just Took Over Your Property. Now What?
A Texas commercial real estate receiver can take control of rents and operations before foreclosure. Here…
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Sued on a Guaranty in New York? The Fast-Track Motion That Skips the Lawsuit
In New York, a lender can move straight to judgment on your guaranty under CPLR 3213,…
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What “Grossly Negligent Misapplication of Rents” Actually Requires Under New York Law
Before a nonrecourse loan springs to full recourse for “misapplied rents,” New York requires proof of…
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Bad Boy Guaranty Defense: A Five-Part Guide for Commercial Real Estate Sponsors
Bad boy guaranty defense requires more than responding to the lender’s breach allegations. This guide covers…
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When Your LPs Lawyer Up: The First 30 Days of a Syndication Dispute
The 2026 distress cycle is reaching the partnership agreement. Here is what sophisticated sponsors do in…
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The Business Owner’s Guide to Personal Guaranties
A guaranty is your personal promise to pay someone else’s debt if they don’t. Understanding the…
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The Guarantor’s Defense — Part 5: Workout Strategy Without Making It Worse
Every decision made during a distressed workout — what to say, what to sign, what funds…
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The Guarantor’s Defense — Part 4: Negotiating the Guaranty Before You Sign
Bad boy guaranties are negotiable. The borrower’s leverage is highest before signing. Here is what to…
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The Guarantor’s Defense — Part 3: What the SPE Covenants Actually Say
SPE covenants are not boilerplate. A technical violation can convert a non-recourse loan into full personal…
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The Guarantor’s Defense — Part 2: Causation Is Not Automatic
A breach of a carve-out provision is not the end of the analysis. Causation is a…
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The Guarantor’s Defense — Part 1: The Lender’s Own Hands Are Not Clean
Lenders are not passive observers in distressed projects. Before defending against their claims, examine what the…
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Alleged “Bad Boy” Breaches: Where Lenders Actually Attack
When commercial real estate deals go sideways, lenders rarely lead with bankruptcy. They lead with waste,…
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DSCR, Debt Yield, and Recourse Exposure: When Financial Metrics Become Personal Risk
DSCR and debt yield don’t trigger recourse by themselves. But the decisions sponsors make when those…