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Business Lawyers Blog

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Lender Liability After the “Riverisland” Ruling – A Time To Assess Lending Procedures?

In the wake of the California Supreme Court’s Riverisland ruling concerning lender liability, lenders in the San Francisco Bay Area and Silicon Valley may want to evaluate and consider modifying their current lending procedures. As a San Jose based attorney experienced in loan documentation, problem loans and loan workouts throughout…

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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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Closing Conditions Common in Acquisition Agreements, Part 2

The pace of merger and acquisition activity in Silicon Valley continues unabated, and the satisfaction of conditions to make sure both parties conclude a deal with all loose ends tied up becomes critical to a final closing. In my last blog, I discussed certain standard closing conditions contained in merger…

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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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