Joshua Stein's Website: Defaulted/Distressed Loans

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Joshua Stein

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	© 2010 Joshua Stein

Defaulted/Distressed Loans
18 Articles and Other Items Found

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Commercial Real Estate Financing Seminar: Defaults, Distress, Maturities, and Stacks of Debt [2010]
	In March 2010, Joshua Stein will again chair PLI's annual two-day seminar on commercial real estate financing. This year's seminar will focus almost completely on dealing with troubled loans. Speakers will include Fred Altschuler, Marvin Bagwell, Warren Bernstein, Paul Fried, Richard Fries, Rob Hellman, Andrea Mattei, K.C. McDaniel, Jon Mechanic, Pat Randolph, and Dan Rubock. Click here for the program agenda and details.

LexisNexis to Publish Joshua Stein's Book on Troubled Loans [2010]
	Joshua Stein has just completed work on a book about how borrowers and lenders can handle loans that are in distress or default. The book discusses workouts, enforcement, common deal terms for loan modifications, early steps that borrowers and lenders can take, deeds in lieu of foreclosure, preworkout agreements, the risks of email, lender liability, and a wide range of other topics that have become extremely timely in today’s world. You can find out more about the book – and see a complete table of contents -- by clicking anywhere on this paragraph.

Looking for Trouble and Finding It - Loan Due Diligence [2010]
An overview of how to review a portfolio of troubled commercial real estate loans, and what to look for.

Judge Posner Cites Joshua Stein Article on SNDAs [2010]
In a June 2010 decision, Judge Posner of the Seventh Circuit discussed subordination, nondisturbance, and attornment agreements. The case is notable for at least two reasons. First, almost no cases ever discuss SNDAs. Second, Judge Posner cited one of Joshua Stein's articles about SNDAs. Click anywhere on this paragraph to read the decision.

Interview About New Law Practice - Joshua Stein PLLC [2010]
BNA Real Estate Law & Industry Report interviewed Joshua Stein about his new law practice; his use of technology; and the state of commercial real estate. Click here to read the interview.

Language of Commercial Real Estate Finance [2009]
A brief collection of jargon from commercial real estate lending and workouts.

Bad-Boy Carveouts Speeding Foreclosures [2009]
Commercial Mortgage Alert interviewed Joshua Stein for a brief report on how nonrecourse carveouts affect loan enforcement in 2009. Click here to read the article.

Caveat Guarantor - Courts Rule Nonrecourse Carveouts Mean What They Say [2009]
Lenders have started to try to enforce "nonrecourse carveout guaranties" in litigation against guarantors. So far the lenders have done rather well. This article explores a recent case in New Jersey and some other issues that may arise in enforcing these guaranties.

Lender's Triage for a Troubled Commercial Real Estate Loan [2009]
When a lender sees trouble ahead, what should the lender do first? This article offers some suggestions, including some important tips to keep in mind about the perils of email.

Model Workout Amendment for Loan Agreement [2008]
Sample amendment to a loan agreement to provide for commonly negotiated "workout" terms.

Defaults and Acceleration [2007]
When a loan goes into default, the lender's first steps can help determine the ultimate outcome and how quickly the property can get there. This chapter from Joshua Stein's book on New York Commercial Mortgage Transactions introduces these issues, with suggestions for lenders in New York and elsewhere.

Foreclosure and Other Remedies [2007]
An introduction to the law of mortgage foreclosures in New York, with warnings about mistakes that lenders and their counsel can easily make. Reprinted from Joshua Stein's book on New York Commercial Mortgage Transactions.

Troubled Hotel Loan Case Study [2006]
The story of the hypothetical "Heavenly Gardens" hotel sounded far-fetched a few years ago, but some of it may now become far too familiar. But even with today's credit crisis, surely no hotel could have as many problems as this one. Or could it?

Troubled Hotel Loan Case Study - Outline of Issues [2006]
Here is an outline of issues that arise in the "Heavenly Gardens" case study, also written by Joshua Stein and also posted on this website. This outline suggests actions that a lender should think about taking on its own initiative when facing similar facts.

A Checklist for Giving Legally Effective Notices [2005]
When a transaction is heading for trouble, one of the first steps will often involve giving a notice of default (or some other notice). This article explains how to do it right.

How to Deal With Troubled Loans [2004]
This chapter (from Joshua Stein's book on structuring and closing commercial mortgage loans) explores a lender's options and strategies in dealing with troubled loans.

Model Deed in Lieu Agreement [2004]
When a borrower intends to "give the keys" to the lender, both parties will often benefit by entering into an agreement about the transaction. Here is a sample deed in lieu agreement, with some related forms attached as exhibits.

Will Mezz Get Messy? [2004]
In 2004, Joshua Stein was interviewed in the Slatin Report about possible issues with mezzanine loans going into default.