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Articles Posted in Commercial, Real Estate and Construction Loans

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The Phantom Trustee – Not a Problem on a Deed of Trust

Those of us involved in real estate loans, debt financing, and problem loans or loan workouts have sometimes wondered whether a deed of trust can be valid if no trustee is identified. I am often asked this question and, surprisingly, the issue was never been directly addressed by California courts…

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Limited Liability Company Short Form Cancellations

Last November, I was working closely with one of our clients and their real estate lender to purchase a large property in the San Francisco Bay Area. I formed two California limited liability companies for the transaction. One LLC was the investment entity that was going to own the property,…

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Real Estate Loans, Mezzanine Financing and Intercreditor Agreements: Sometimes Words Mean Something

An investor bought an apartment building in San Jose and the broker wanted to send flowers for the occasion. A large bouquet was delivered to the buyer’s office with a note that read, “Rest in Peace.” The buyer was irritated and called the florist to complain. After he had told…

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