Real Property, Probate and Trust Journal

Real Property Probate and Trust Journal (Fall 1996, 31:03) Issue

Volume 31, Fall 1996

Volume 31, Number 3, Fall 1996

The Lender's Guide to Single Asset Real Estate Bankruptcies

by John C. Murray
The author discusses the general aspects of Chapter 11 single asset entity bankruptcies, various strategies and options for secured creditors, and possible alternatives to cramdown plans.


A Capital Markets Mortgage: A Ratable Model for Main St. & Wall St.

by Joseph Philip Forte
The author discusses the increased importance of the national financial l market in local real estate financing. He lo ok s at Wall Street's role in the commercial real estate markets and discusses a project by three national real estate trade associations to create a new document, the Capital Markets Mortgage (CMM), which is a template for commercial mortgages. Lastly, he discusses various sections of the CMM in detail. A draft of the CMM follows this Article.

Capital Markets Mortgage

The Commercial Real Estate Capital Consortium was formed by the National Realty Committee, the Mortgage Bankers Association of America and the National Association of Realtors to enhance the utilization of the secondary market for commercial real estate debt. The Consortium advocates the removal of unneeded legal and regulatory barriers to private credit enhancement, improved data and research on commercial mortgage performance and the development of documents designed to facilitate the underwriting and origination of loans that are candidates for securitization.

Summer 1996

  • My Child...But Not My Heir: Post-Mortem Conception (Kerekes)
  • The Transmogrification of the American Trust (Curtis)
  • On Resetting the Estate Planning Defaults for an Adult World (Ordower)
  • Current State of the Delivery Requirement for Valid Gifts (McGowan)

Spring 1996

  • New Forms of Private Trusts for the 21st. Century - Principal and Income (Dobris)
  • Discrimination Actions Against Landlords: Are They Insurable? (Mortland)
  • Funding Marital Trusts: Mistakes and Their Consequences (Soled)
  • Significant Probate And Trust Decisions (Kreuther)

Winter 1996

  • Privilege And Confidentiality Issues When A Lawyer Represents A Fiduciary (Reid)
  • Effect Of The Bankruptcy Reform Act Of 1994 On Real Estate (Dunaway)
  • Significant Probate And Trust Decisions (Kuether)