September 2014

EB-5 Program Can Provide Alternative Source of Funding for Brownfield Projects

Brownfields, Disclosure of Environmental Liabilities, Environmental Due Diligence /

In a prior post, we discussed how the EB-5 visa immigrant investor program was becoming an important source of construction funding. Since then, the EB-5 immigrant investor program has continued to undergo explosive growth. The popularity of EB-5 is partially because traditional forms of project financing remains difficult to obtain. However, the EB-5 program is […]

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Cal Appeals Ct Affirms $2MM judgment against foreclosing bank for failure to complete remediation is

common law, Corporate and Real Estate Transactions, Environmental Due Diligence, Lender Liability, vapor intrusion /

The foreclosing lender in Hoang v. California Pacific Bank, 2014 Cal. App. Unpub. LEXIS 5230 (July 23, 2014) made some curious decisions and the result was the bank was ordered to pay damages to the purchaser that exceed the sales price of the property. The irony is that the lender probably complied with the CERCLA

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CMBS Environmental Due Diligence Needs to Consider B-Piece Buyers

Environmental Due Diligence /

Commercial Mortgage-Backed Securities (CMBS) loans have been playing an increasingly important role in commercial real estate financing and account for around 30% of commercial loan originations. Because of the increasing use of CMBS loans, it is important for consultants to understand the different risk tolerances of the players in a CMBS transaction and how environmental

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