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Modern Real Estate Finance and Land Transfer: A Transactional Approach, Seventh Edition

Authors
  • Steven W. Bender
  • Celeste M. Hammond
  • Daniel N. Zinman
Series / Aspen Casebook Series
Description
Table of contents
Preface

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The seventh edition of Modern Real Estate Finance and Land Transfer—a sophisticated, yet teachable casebook—explains the increasingly complex legal, business, and tax issues surrounding real estate transactions with discussion relevant to both commercial and residential deals. Real-world examples help foster the practical skills required of attorneys to add value to their client’s transactions, while being experts in the decidedly non-uniform black letter law of real estate transactions. Appropriate for both a basic Real Estate Transactions or Real Estate Finance course and also advanced seminars, the topical and chronological organization covers conveyancing and finance as well as commercial leasing, and follows the lending cycle in modern financing from commitment to default and bankruptcy. The authors are scholar-practitioners who skillfully mix practical skills and theory students will need to add value and remain relevant in today’s competitive legal and business markets. 

New to the Seventh Edition: 

  • New case law and materials on one of the most litigated issues in mortgage financing in recent years—the statute of limitations for enforcing the lender’s rights, demonstrated in Freedom Mortgage Corporation v. Engel (2021)
  • Updated materials addressing industry revisions to owner and lender title insurance policies
  • Cutting edge developments in mezzanine financing
  • New case law from JJD-HOV Elk Grove, LLC v. JO-ANN STORES, LLC (2024) enforcing and interpreting cotenancy provisions in a shopping center lease in a changing retail environment 

Professors and students will benefit from: 

  • A transactional approach that prepares students for real estate law practice
  • Real-world examples of modern real estate practice and how lawyers can supply value to their client’s transactions
  • A topical and chronological organization of deals from inception to breach and bankruptcy with
    • coverage of both Real Estate Conveyancing and Real Estate Finance
    • organization following the lending cycle in modern real estate financing
    • discussions of commercial real estate leasing transactions
  • Relevant questions and planning problems
  • Authorship by scholar-practitioners who blend practical skills with theory
  • Attention paid to both issues and law of commercial and residential real estate transactions
  • Guidance to help students fulfill the role of private legislators in the significantly freedom of contract regime that real estate transactional lawyers practice in, along with an understanding of the various legal guardrails
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Table of contents

SUMMARY OF CONTENTS

Contents 
Preface 
Acknowledgments 


CHAPTER 1
The Nature of Modern Real Estate Transactions 
PART I
FUNDAMENTALS OF LAND TRANSFER 
CHAPTER 2
Overview of Contracts for Sale and the Conveyancing Process 
PART II
FUNDAMENTALS OF REAL ESTATE FINANCE 
CHAPTER 3
The Nature of a Mortgage and Mortgage Substitutes 
CHAPTER 4
Preclosing Terms and Conditions of the Mortgage Loan
Commitment 
CHAPTER 5
Postclosing Terms of the Mortgage Loan Commitment 
CHAPTER 6
Construction Financing 
CHAPTER 7
Refinancing, Secondary Financing, and High- Ratio Financing 
CHAPTER 8
Defaults, Workouts, and Foreclosure 
CHAPTER 9
Lender Liability 
PART III
FUNDAMENTALS OF COMMERCIAL REAL
ESTATE LEASING 
CHAPTER 10
Overview of Commercial Leasing Transactions 
CHAPTER 11
Leasehold and Leaseback Financing 
PART IV
FUNDAMENTALS OF REAL ESTATE INVESTMENT 
CHAPTER 12
Economics of Real Estate Investments 
CHAPTER 13
Overview of Taxation of Real Estate Investments 
CHAPTER 14
Selection of the Ownership Entity 
CHAPTER 15
Securitization 
PART V
OVERVIEW OF IMPORTANT ISSUES IN MODERN
REAL ESTATE TRANSACTIONS 
CHAPTER 16
Common Interest Communities: Condominiums,
Cooperatives, and Planned Communities 
CHAPTER 17
Negotiations, Mediation, and Arbitration 
CHAPTER 18
The Impact of Bankruptcy on Real Estate Transactions 
CHAPTER 19
Environmental Liabilities in Real Estate Transactions 


Table of Cases 
Index 

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About the authors
Steven Bender

Steven Bender is Professor of Law, Associate Dean for Planning and Strategic Initiatives, and Director of the Summer Initiative for Technology, Innovation, and Ethics (SITIE) at Seattle University School of Law. He joined the Seattle faculty from the University of Oregon in 2011 after teaching there for 20 years and serving as the James and Ilene Hershner Professor of [real estate] Law, Director of Portland Programs, Director of the Green Business Initiative, and Co-Director of the Law and Entrepreneurship Center. Associate Dean Bender is the co-author of a two-volume treatise published by Thomson Reuters, The Law of Real Estate Financing, among his 15 books and dozens of articles.

Prior to joining the Oregon faculty in 1990, Bender practiced real estate law with the Phoenix law firm of Lewis and Roca. In addition to teaching at Seattle and Oregon, Professor Bender has taught real estate finance at UC Law San Francisco (formerly University of California-Hastings) and at UNLV. Associate Dean Bender is an elected member of the American Law Institute, the American College of Real Estate Lawyers, and the American College of Mortgage Attorneys.

Daniel N. Zinman

Daniel Zinman is a Counsel in Kriss & Feuerstein, LLP’s Litigation Group and focuses his practice primarily on the firm’s bankruptcy and litigation matters. Dan represents debtors, creditor’s committees, bond holders, secured creditors, trustees, brokers, and potential purchasers of property in a variety of bankruptcy cases and complex litigation matters.

Dan has represented high profile clients including Borders Bookstores (debtor), Adelphia Communications Corp. (creditors committee), WorldCom (bondholders), Enron Corp. (creditor/defendant; asset purchaser), Bank of New England (bondholder), and Lehr Construction (Ch. 11 Trustee).

Dan frequently lectures on various topics related to Bankruptcy and has presented continuing legal education course for the New York State Bar Association, Real Property Section. Dan has also lectured at St. John’s School of Law on several occasions. Prior to joining K&F, Dan practiced litigation and bankruptcy law for top tier law firms in New York City including Kasowitz Benson Torres LLP, Andrews & Kurth LLP, and Thacher Proffitt & Wood, LLP.

Product Information
Edition
Seventh Edition
Publication date
2026-02-03
Copyright Year
2026
Pages
1140
Print + eBook
9781543838923
LLPOD
9798892070218
eBook
9798892071864
Subject
Real Estate and Land Use
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