News & Analysis as of

Assignment of Rents (AOR)

Williams Mullen

Estop, Subordinate and Listen: Understanding the Role of SNDAs and Tenant Estoppel Certificates in Commercial Real Estate...

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For those of us that practice in the world of commercial real estate financing transactions, the fact pattern is a tale as old as time: the Bank is making a term loan secured by real estate largely based on leases on the...more

Miller Canfield

Receiverships Under Michigan's New Assignment of Rents Act

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The Michigan Uniform Assignment of Rents Act (“MUARA”), which takes effect on September 22, 2022, strengthens both the right to obtain a receiver and the power of the receiver to collect past due rent. The MUARA also confirms...more

Miller Canfield

How Michigan's New Assignment of Rents Act Affects Commercial Tenants

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The Michigan Uniform Assignment of Rents Act (MUARA) will take effect on September 22, 2022, and has important implications for a tenant's rights. If a tenant's landlord defaults on its loan, to whom must the tenant pay rent,...more

Miller Canfield

Foreclosure Does Not Extinguish Assignment of Rents

Miller Canfield on

Previously, we alerted you that Michigan had passed its version of the Uniform Assignment of Rents Act (MUARA). Among other things, this law clarifies that an assignment of rents is not extinguished by a foreclosure sale...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Assignment of Rents and Bankruptcy

If you are a lender whose collateral includes rents from an apartment building, shopping mall, or other income-producing property, you might want to check your loan documents to be sure that you have taken an absolute...more

Dechert LLP

Not Everyone Finds Brexit Frustrating

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The English High Court has ruled that Brexit cannot be used as a reason to terminate a contract on the grounds of frustration. While the judgment concerned the effects of Brexit on a commercial lease, it reaches further than...more

White & Case LLP

Frustrated by Brexit? Too high a hurdle to overcome for the EMA

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One of the multitude of uncertainties currently facing commercial parties potentially affected by Brexit is the effect on their existing commercial contracts, specifically whether the new circumstances of Brexit provide a...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 23, 2018

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Real Property Update - Reverse Mortgage / Statute of Limitations: as a matter of first impression, statute of limitations for enforcing reverse mortgage begins on date the note matures, notwithstanding earlier-death of...more

Shutts & Bowen LLP

Court stops foreclosing lender from getting rents collected by property owner

Shutts & Bowen LLP on

It’s common for a commercial loan to include an “assignment of rents,” by which the borrower assigns to its lender the rents it gets from the property securing the loan.  In Florida, there’s a statute that governs how an...more

Stinson LLP

The Defense of Commercial Lenders in Multi-Tenant Bankruptcy

Stinson LLP on

The Sixth Circuit Court of Appeals in its recent decision in Town Center Flats, LLC v. ECP Commercial II LLC (In re Town Center Flats LLC), Case No. 16-1812 (6th Cir. May 2, 2017), reinforces an option that commercial lenders...more

Stinson LLP

Be Careful What You Ask For: The Unintended Consequences of Creditor Remedies in Bankruptcy Cases

Stinson LLP on

To anyone practicing bankruptcy law more than a month, the scenario of a lender secured by a lien against real property, as well as an assignment of rents (“AOR”) is pretty standard fare. Default on the debt occurs, threats...more

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