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