Ghidotti | Berger https://ghidottiberger.com LLP Thu, 16 Jul 2020 18:16:25 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 https://i0.wp.com/ghidottiberger.com/wp-content/uploads/2022/08/cropped-GBsiteicon4.png?fit=32%2C32&ssl=1 Ghidotti | Berger https://ghidottiberger.com 32 32 194740547 A PSA on Pooling and Servicing Agreements (PSA) https://ghidottiberger.com/a-psa-on-pooling-and-servicing-agreements-psa/ Thu, 16 Jul 2020 18:16:22 +0000 http://ghidottiberger.com/?p=1239 The Fourth DCA reaffirms there are several methods to prove standing, including the introduction of a Pooling and Servicing Agreement (PSA) as long as the subject loan is listed on the Mortgage Loan Schedule.

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The Fourth DCA reaffirms there are several methods to prove standing, including the introduction of a Pooling and Servicing Agreement (PSA) as long as the subject loan is listed on the Mortgage Loan Schedule.

BONY-v-Calloway-2

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Proactive Strategies In Unprecedented Times https://ghidottiberger.com/proactive-strategies-in-unprecedented-times/ Thu, 02 Jul 2020 15:29:45 +0000 http://ghidottiberger.com/?p=1159 Lenders and borrowers navigating closings and workouts during COVID-19 have options.   The attached article, “Commercial Mortgage Loan Modifications Amid COVID-19,” addresses alternatives for defaulted loans.

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Lenders and borrowers navigating closings and workouts during COVID-19 have options.   The attached article, “Commercial Mortgage Loan Modifications Amid COVID-19,” addresses alternatives for defaulted loans.

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Nevada gives green light to commercial evictions starting July 1 https://ghidottiberger.com/nevada-gives-green-light-to-commercial-evictions-starting-july/ Fri, 26 Jun 2020 18:46:23 +0000 http://ghidottiberger.com/?p=1148 Nevada gives green light to commercial evictions starting July 1. Declaration of Emergency Directive 025 was signed by Nevada Governor Steve Sisolak on June 25, 2020.   The directive enables landlords with commercial tenancies and mortgages to charge late fees, begin lockouts, and start eviction actions for non-payment of rent or foreclosure proceedings beginning July […]

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Nevada gives green light to commercial evictions starting July 1.

Declaration of Emergency Directive 025 was signed by Nevada Governor Steve Sisolak on June 25, 2020.  

The directive enables landlords with commercial tenancies and mortgages to charge late fees, begin lockouts, and start eviction actions for non-payment of rent or foreclosure proceedings beginning July 1st.    Transient lodgings, such as hotels, may begin their removal proceedings on June 25, 2020.  “At will” tenants with no lease can be evicted starting August 1st.  Governor Sisolak stated, “It is just as imperative today as it was when I signed the original directive to allow Nevadans to stay home and stay safe as much as possible, which also providing clarity and a timeline in which rental obligations must be met.”

Residential evictions and foreclosures may proceed on September 1st, but may not charge late fees or penalties for non-payment of mortgage or rent retroactively.  The directive further enables residential summary evictions and unlawful detainers before September 1st for specific causes other than non-payment of rent, such as holdover tenants, unlawful business, violations of controlled substance laws and violations of lease conditions.

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Dealing with defaulted loans https://ghidottiberger.com/dealing-with-defaulted-loans/ Fri, 26 Jun 2020 16:13:31 +0000 http://ghidottiberger.com/?p=1143 We are in unchartered territory at this time, and are eager to share any and all constructive publications that may assist our clients.  This thoughtfully written article addresses options available to commercial lenders when dealing with defaulted loans during this unprecedented COVID-19 pandemic, factors that should be taken into consideration, and even guidance for borrowers […]

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We are in unchartered territory at this time, and are eager to share any and all constructive publications that may assist our clients.  This thoughtfully written article addresses options available to commercial lenders when dealing with defaulted loans during this unprecedented COVID-19 pandemic, factors that should be taken into consideration, and even guidance for borrowers on those same loans who want to seek their lenders’ assistance.

Commercial-Mortgage-Loan-Modifications-Amid-COVID-19-Law360

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Florida buyers beware! https://ghidottiberger.com/buyers-beware/ Thu, 25 Jun 2020 02:45:42 +0000 http://ghidottiberger.com/?p=1122 Florida buyers beware! New case from Florida’s 2nd DCA holds that purchasers cannot rely on ambiguity in legal description in a mortgage to defeat a lien if there is other, sufficient information in the mortgage for a surveyor to locate the property.

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Florida buyers beware! New case from Florida’s 2nd DCA holds that purchasers cannot rely on ambiguity in legal description in a mortgage to defeat a lien if there is other, sufficient information in the mortgage for a surveyor to locate the property.

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