Banking Misconduct Blog | Lender Liability Lawyers

CMBS Mortgages and B Piece Buyers

January 9th, 2021

In today’s commercial real estate market, commercial loans are often pooled together to create commercial mortgage backed securities (CMBS). These loan pools typically have several tranches. Each varies in credit quality and payment priority.
The first-to-be paid tranches of bondholders...

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LNR Partners – Storm Clouds Brewing for Special Servicers (CMBS Post)

March 21st, 2020

[Editor’s Note: This post originally appeared in September 2014 on our sister site Mahany Law. The post has been rewritten and moved to this site. Important information appears at the end relative to the coronavirus pandemic and its impact on the hospitality industry.]
Imagine that you...

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Coronavirus and the Hospitality Industry - How to Fight Your Lender and Win

March 15th, 2020

Hope for Hotels, Malls and Other CMBS Borrowers March 15th 2020. The City of Boston closed bars and restaurants in South Boston section of the city. Disney is closed. Colleges have sent students home. Airlines are flying near empty planes. Cruise ships are empty. New York Governor Cuomo created a...

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Economic Duress (Another Tale of LNR Partners Wrongdoing)

June 12th, 2019

We are not a fan of special servicers, especially LNR Partners and CWCapital. Somewhere along the way, both companies forgot their mission and began to be motivated by their own financial gain and not the well-being of their clients, the public or property owners.
Few property owners can...

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Special Servicers - Operating Without Oversight (LNR, CWCapital C-III)

June 9th, 2019

[Editor’s Note: This post originally appeared on our sister site, MahanyLaw in July of 2014. We have updated and reposted it here.] Special servicers are the folks that take over the handling of loans that are delinquent, in default, or believed to be troubled. In large, commercial mortgages,...

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Special Servicing: the Ultimate Hardball Tactics

May 15th, 2019

An article recently appeared on Syracuse.com. The title of the article was Inside Destiny USA’s Mortgage Emergency… Crisis or Hardball Bargaining? Destiny USA is the 6th largest retail mall in the United States. The journalist who wrote the article, Rick Moriarty, noted that the...

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Special Servicers – Do They Answer to Anyone? CMBS Post

August 2nd, 2018

Anyone commercial property owner facing a special servicer soon learns the deck is stacked. Many commercial loans today are securitized and packages into loan pools. These pools are sold to a trust that is owned by institutional investors. Unlike a bank that has offices and employees, a CMBS trust...

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Lone Star Funds – Distressed Investors or Vultures?

January 2nd, 2018

Distressed investing is the politically correct term these days for buyers of distressed properties. There will always be property owners that find themselves in over their heads. Sometimes their problems arise from unforeseen market events and at other times, it is just from being inexperienced or...

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CMBS for Novice Investors

April 18th, 2017

Understanding Commercial Mortgage Backed Securities (CMBS) can be a daunting task for the novice investor. As lender liability lawyers, we grapple with complex loan arrangements daily. We understand the jargon, the many different players in a CMBS transaction and how all the pieces fit together....

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Court Okays Lawsuit Against BNY Mellon as Mortgage Trustee

March 4th, 2016 – Brian Mahany

Earlier this week, a federal judge in Manhattan gave a green light to a lawsuit filed by an investor against Bank of New York Mellon. The investor claims it lost over $1 billion because of BNY Mellon’s poor performance as trustee over several Residential Mortgage Backed Securities (RMBS)...

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