COMMERCIAL LANDLORD-TENANT – Part 2 – The Covenant of Quiet Enjoyment
This is Part 2 of a multi-part series of articles discussing the duties, rights and remedies of commercial real estate tenants in Illinois. Part 1, entitled “Getting It Right” discussed the importance of clarity in lease drafting, and the potential for…
Value Investing vs. Momentum Investing
As the commercial real estate market begins to pick up steam, beware the urge to follow a “momentum” investment strategy rather that a “value” investment strategy. Momentum investing relies on market increases to generate a return…
Asset Protection – Lessons Learned
“The best time to plant a tree was twenty years ago. The second best time is today.” Chinese proverb For over 35 years, I have represented commercial real estate investors, developers and business…
Land Patent Defense is Frivolous, Sanctionable, and a Class 4 Felony in Illinois
The law is clear. The so-called “Land Patent” defense does NOT work. This is not earth shattering news, but it is a reminder that defenses to mortgage foreclosure actions must be well grounded in fact and warranted by existing law or a…
Dancing with Gorillas – Roulette – and CRE Litigation
The Time to Decide – Commercial Real Estate Litigation A sage once said, “The time to worry about where the ball will drop is before the wheel is spun”. He was speaking about roulette, of course, but the wisdom of these words has much broader…
The “little known” Two-Year Rule for Employment Restrictive Covenants – Illinois
Employment Restrictive Covenants The issue of enforceability of employment restrictive covenants comes up often in business, including the business of commercial real estate. A common scenario is as follows: A person goes to work for a company and…
ASSIGNMENTS OF RENTS – Lenders Beware!
“How can you have any pudding, if you don’t eat your meat?” Pink Floyd Assignments of Rents. Here’s a topic that doesn’t pop up in light conversation very often. Assignments of Rents. Virtually every commercial real estate financing includes…