Commercial Real Estate Distress: When Workouts Turn Into Litigation

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INTERVIEW ON THE PRICE OF BUSINESS SHOW, MEDIA PARTNER OF THIS SITE.

Recently Kevin Price, Host of the nationally syndicated Price of Business Show, interviewed Alexander Paykin.

The Alexander Paykin Commentaries

Commercial real estate distress is back in the headlines, but the legal consequences are often more complicated than the business headlines suggest. When a commercial loan stops performing, the fight is not only about the debt. It is often about control of the property, control of the rents and control of the negotiation.

On the Price of Business, Alexander Paykin, Esq. discussed what happens when a commercial mortgage, loan, guaranty or real estate investment starts to fail. The conversation covered loan workouts, forbearance agreements, receiverships, rent assignments, foreclosure strategy, deficiency judgments, UCC collateral and personal guaranty exposure.

In New York, foreclosure is usually a court process. That gives parties time to negotiate, but it also creates procedural risk, legal expense and opportunities for a lender to seek remedies such as a receiver. In states such as Texas and California, lenders often have faster nonjudicial foreclosure tools, which changes the leverage dramatically.

The key takeaway is that commercial real estate distress is not just about whether the property can pay the debt. It is about who controls the asset while the fight is happening and who may still owe money after the property is sold.

Alexander Paykin, Esq. is Managing Director of Paykin Law, a New York firm focused on commercial litigation, real estate litigation and complex transactions.

Learn more at https://www.paykinlaw.net/attorneys/alexander-paykin-esq.

 

 

Alexander Paykin, Esq., Managing Director of The Law Office of Alexander Paykin, P.C., based out of New York, focused his practice in real estate and commercial litigation and complex transactions. His firm also provides technology and finance consultancy services to its clients, including other law firms throughout the US.  With a background spanning multiple countries and businesses in finance and IT, Paykin brings a unique perspective to his legal practice.  His firm is modeled as a high-tech, client-centered practice, focusing on efficient service delivery in litigation and complex transactions related to business, commerce, finance, and real estate. He also operates a real estate brokerage and a real estate holding company.  Mr. Paykin regularly teaches continuing legal education courses and has been published in prestigious legal journals. His writings cover topics such as mutual insurer demutualization, the business judgment rule, law practice management, and the use of artificial intelligence in modern law practice.
Mr. Paykin sits on multiple professional committees and the boards of three 501c3 non-profits, as well as a condominium board.
Connect with Alexander Paykin on social media:
Twitter/X: @Paykinlaw

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