Anatomy of a Mortgage: Understanding and Negotiating Commercial Real Estate Loans
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Author Lawrence Uchill, a veteran real estate attorney, draws on his experience by providing a detailed analysis of key provisions contained in real estate mortgages and several other related mortgage loan documents. The book uses many provisions which were previously utilized in the Federal National Mortgage Association ("Fannie Mae") Deed of Trust form for multifamily housing, but it adds to those provisions and includes others that are also commonly used in commercial real estate loan transactions.
The author's analysis is based on provisions used for income-producing property, and the provisions relate to the "commercial" nature of the property, such as the treatment of property rents. The loan provisions discussed are intended to be relatively evenhanded and sometimes contain points that the borrower's counsel would want to seek on behalf of his/her client. In addition to discussion of the provisions, alternatives, and possible deficiencies for a borrower are enhanced by the author’s guidance on strategies to employ when negotiating these provisions.
Organized around the provisions of a mortgage, this book also covers relevant provisions in other important loan documents such as the Note, Loan Agreement and Assignment of Leases and Rents. Each section of this book follows an easy-to-understand format, introducing a specific provision of a key loan document, followed by the verbatim text and then commentary on the provision. The commentary explains:
- What the applicable loan provision means
- What functions the provision serves
- Potential problems with the application or enforcement of the provision from a lender's or borrower's perspective
- Basic information about pitfalls to watch out for from a borrower's counsel perspective, as well as suggestions to how to deal with the situation
Providing a thorough analysis of the provisions in a real estate mortgage, the analysis and commentary for each provision is useful both for lawyers well-seasoned in commercial mortgage loan practice, as well as for attorneys new to real estate law.