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Everything old is new again. As the
pandemic s impact on the real estate industry
matures, lenders are becoming more reluctant to keep
kicking the can down the proverbial road and are
taking action to enforce their rights. The raft of
litigation arising out of pandemic-induced foreclosure
actions and diligence-intensive distressed deals are
causing lenders and borrowers alike to carefully
scrutinize their loan documentation. Methods of
enforcement and potential defenses are critical.
Both mezzanine lenders contemplating foreclosure, and
mezzanine borrowers considering their options, would be