Trends in Commercial and Residential Real Estate

An uncertain political and economic environment may increase the perceived risk that lenders take when they loan funds against real estate. Identifying developing trends in commercial real estate can help a lender manage its risk and underwrite loans that are secured by properties that will hold or increase in value. The lending and banking attorneys…

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Maryland Mechanic’s Lien Essentials for Real Estate Lenders

A common question posed by out-of-state lenders making a real estate secured loan in Maryland involves the creditor-friendly mechanic’s lien statute.  The question is often posed in two parts:  whether (i) the establishment of a Mechanic’s Lien can prime the lien priority of subsequent construction advances secured by a recorded, first-lien deed of trust on…

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Real Estate Notes: Differing Investment Approaches

Over the past decade, fluctuations in the real estate market have driven many real estate investors to move to investing in notes. Real estate notes offer many benefits to those looking to reap the rewards of real estate investment while minimizing risk. The real estate investment and note sales attorneys at Rosenberg Martin Greenberg are…

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Quicken Loans, Inc. v. Walters: A Case of Unambiguous Ambiguity

In the case of Quicken Loans, Inc. v. Walters, all five justices of the Supreme Court of Appeals of West Virginia agreed that West Virginia’s “illegal loan” statute was unambiguous.  While one might think that agreement on that point would be followed by a unanimous ruling in favor of one of the parties to the…

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Mortgage Lender Wins the Battle But Loses the War in the Third Circuit

In a June 6, 2017 opinion, the United States Court of Appeals for the Third Circuit agreed with mortgage lender, AmeriChoice Federal Credit Union, that bankruptcy courts have the authority to impose limits on future bankruptcy filings by Chapter 13 debtors who move to dismiss their cases voluntarily.  Unfortunately for AmeriChoice, the Third Circuit’s decision…

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