In this video, I go over some of the common areas to look into when looking for a securities lawyer. You want someone specialized so I give you some insight into what I would look for if I were to go out and hire a lawyer to help with a capital raise, securities offering, syndication,…
Category Archives: Real Estate Transactions
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Selling or Transferring Your Interest in Real Estate Syndications or Other Investments
YOU INVESTED IN A PRIVATE OFFERING AND WANT TO SELL YOUR INTEREST – WHAT DO YOU DO? For all private offerings, restricted and/or controlled securities are issued, thus inhibiting the ability for investors to sell or transfer their interest. For securities purchased in a Regulation D offering, the interest is considered “restricted” and cannot be…
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“Surviving Special Servicing: What to Expect If Your Loan is Referred”
Prior to joining Patel Law Group, I worked for two large servicers of Fannie Mae and Freddie Mac loans, and eventually ended up working in one of their special servicing departments managing underperforming loans. It wasn’t fun, and borrowers were annoyed, but it gave me a great understanding of what borrowers deal with once a…
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Wrap Your Head Around Seller Financing
As the economy grapples with a potential banking crisis, buyers are seeking ways to reduce interest rates and qualify for loans. Some sellers are willing to take on a bit of risk to help these buyers purchase through seller financing. Although seller financing is rare, it has grown more common as the Fed continues to…
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What to Assume About Loan Assumptions
As interest rates remain high, one option for investors seeking multifamily financing for acquisitions is a loan assumption. A loan assumption occurs when a real estate buyer purchases a property and takes over a seller’s existing mortgage loan through the lender. Many types of commercial loans can be assumed, including most Fannie Mae, Freddie Mac,…
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The DSCR: Calculating Your Property’s Financial Health
In the search for an investment property, one of the first things any investor will consider is the property’s ability to cover its own operation and debt costs. Your lender will be just as, if not more, interested, and their underwriting team will delve deeply into the property’s recent financials calculating the annualized Debt Service…
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The Due-On-Sale Clause: What It Is And When To Ignore It
A Due-On-Sale Clause can be found in most contemporary mortgage instruments and, as the name suggests, states that the mortgage debt will become due upon sale of the property. From a lender’s perspective the logic is fairly straightforward – security for the loan is put at risk when the collateral property is owned by a…
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Introduction To Easements
An easement is, simply put, a right to enter or otherwise use someone else’s land for a specified purpose. Stated another way, but with slightly more pretention for effect; an easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. As you might imagine, merely labeling something…
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A (Very) Basic Introduction to Estates in Land
As with most legal concepts, the question of real estate ownership is not simply a yes or no proposition – like cakes and onions, the answer has layers. Specifically, the various rights accompanying real property ownership can vary in kind, degree, and duration, and include – but are most certainly not limited to – the…