Insights

Maintaining Control: When a Debtor in Receivership turns to Bankruptcy, a Secured Creditor should turn to the Bankruptcy Code.

The appointment of a receiver over a borrower’s assets is a powerful tool for the secured creditor when included as a default provision in a well-crafted loan document.Pursuant to Arizona law, a receiver “protects and preserves the property” serving as the creditor’s collateral.The law effectively gives the receiver control over the debtor’s property and allows …

HUD Insured Loans – Source of Funds for Multi-Housing Projects

Since 1990, Tiffany & Bosco has represented owners of multi-housing projects in connection with loans that are insured by the U.S. Department of Housing and Urban Development (“HUD”). Recently, the loans have been primarily for upscale apartment projects and healthcare facilities.  However, they have also included other multi-housing projects such as hospitals and assisted and …

Broken Priority May Cause Delay in Construction

Sometimes, construction will begin on a project before the construction loan is in place. When this happens and the deed of trust securing the construction loan has not been recorded, it is called “a broken priority.” In the past, a title insurance company was willing to insure over a broken priority when it had a …

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