Withum’s Real Estate Services
Year-end means it’s tax planning time and knowing the rules is more important now than ever. The Tax Code underwent groundbreaking reform in 2017 with most of the law becoming applicable in 2018. The Treasury Department has been busy over the summer and fall producing additional guidance on the new sections of the Code.
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What is the Gift of Gratitude? AND what are the top 5 Multifamily Reasons to be THANKFUL for in 2022? Join us for an interview with the one and only Dr. Debbie! Did you know that gratitude has been linked to better mental health, self-awareness, improved relationships, and your relationship with yourself? What you are thankful for in your life actually increases.
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While federal law largely shields lenders from environmental liabilities and cleanup costs on indebted properties, lender missteps and poor loan documentation can result in a loss of that protection and put lenders on the hook for environmental remediation.
Environmental hazards can also negatively impact a borrower's ability to repay the loan and decrease the collateral value, which is why it is essential to uncover the hazards before the closing of the loan and formulate a plan, whether a Phase I environmental site assessment or some lesser action.
A critical protection for the lender is an indemnification agreement with the borrower as part of the loan documentation. Other key loan agreement provisions include reps and warranties, covenants, notice provisions, and inspection rights. Another option for the lender is to require the borrower to obtain insurance, usually in a pollution policy.
Lender environmental due diligence at the time of a loan default or workout is also critical as environmental hazards must be considered when assessing the collateral value and a workout plan. Of course, if foreclosure appears imminent, the lender liability must be carefully evaluated as the lender prepares to take possession of the property.
Listen as our authoritative panel of experienced attorneys analyzes lender liability for environmental cleanup and remediation liabilities. The panel will discuss theories of liability and best practices for lenders to minimize direct liability and diminution of the collateral value. The panel will address risk mitigation in loan origination and during the life of the loan, including workouts and foreclosures.
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Watch this on demand webinar with CPA, Alex Jerkins, and find out about the latest tax changes that could impact you and your business. You will learn: Details about the Paycheck Protection Program (PPP) and stimulus loans and how they impact your taxes, Changes to the IRS procedures.
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