Spencer Fane attorney Thomas Slover recently discussed the challenges for commercial real estate landlords related to avoiding loan defaults in an article published with Real Estate Journals.
Titled “Stuck between a lease and a mortgage: Guidelines for landlords to avoid loan defaults in the COVID era,” Tom’s article provides guidance on how to take proactive steps to navigate the current business uncertainties for tenants.
“The goal is to avoid situations in which an event of default by a tenant triggers a default under the landlord’s loan documents, but also in which the landlord lacks sufficient rights under its tenant lease to declare a default and seek enforcement against the tenant,” Tom wrote.
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