Matthew Ginsburg

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Matthew B. Ginsburg focuses his practice in commercial real estate finance and investment with concentrations in the origination, acquisition, syndication and disposition of mortgage loans, mezzanine financings and subordinate debt and joint venture and preferred equity investments. In addition, Mr. Ginsburg has experience in post-closing modifications, restructuring and workout of complex distressed-debt structures. He has represented a number of investment banks, life insurance companies, commercial banks, institutional investors, loan servicers and private equity funds.

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Foreclosure Attempt Blocked? What You Should Know Before the Clock Hits Zero

Just when you thought we were out of the housing crisis weeds of ’07—think again.  Apparently when an abundance of people buy homes they can’t afford and predictably fall behind on their payments, the judicial foreclosure process becomes log-jammed.  Enter our latest housing crisis nemesis: the statute of limitations. Lenders must generally file a foreclosure … Continue Reading

On Appeal: The Michigan Court of Appeals Overturns It’s Prior Ruling and Affirms the State’s 2012 Legislation, Nonrecourse Mortgage Loan Act, Which Invalidates Recourse Carveout Guaranties Triggered by Borrower Insolvency

As we have discussed numerous times in this blog (here, here, here and here), the downturn in the commercial real estate market resulted in much litigation as to guarantor liability for non-recourse debt. As a brief refresher, many of the non-recourse loans made during the CMBS boom included an agreement that, in an event of … Continue Reading

Dechert OnPoint: NDNY Bankruptcy Court’s Broad Interpretation of the Definition of “Interests” in 363 Sale

A recent decision out of the Bankruptcy Court for the Northern District of New York has brought greater certainty to the interpretation of what qualifies as an “interest” when determining the scope of a Section 363(f) “free and clear” sale in bankruptcy. The decision in In re Tougher Industries, Inc. became the latest in a … Continue Reading

Day 1: CREFC Sizzles on South Beach

The Loews Hotel buzzed with optimism on the first day of the CREFC January conference, as over 1,300 attendees descended on South Beach.  After catching up with many friends, the Monday morning session began with lively meetings of the Agency Investors Forum, the High Yield and Investment Forum, the Issuers Forum and the Portfolio Lenders … Continue Reading Live Blog From CREFC 2012 Annual Conference – Day 1:

Over 800 industry participants have descended on Washington D.C. for the CREFC annual conference. With CREFC’s expanded focus on more than just securitization, we are now hearing from a more diverse set of voices at the conference. The conference kicked off this morning with the PSA Task Force’s discussion of the pooling and servicing agreement simplification … Continue Reading

First Annual IMN CLO and Leveraged Loan Conference Update

Seven of our colleagues in Dechert’s active CLO group represented the firm at the first annual IMN CLO and Leveraged Loan Conference in New York a few weeks ago. Strong interest in the collateralized loan obligation technology meant a capacity crowd of more than 750 managers, arrangers and investors, often leaving panel discussions with standing … Continue Reading

CREFC Distressed Debt Conference Update

Last month three of our colleagues attended the Distressed Debt Conference sponsored by CREFC at the New York Athletic Club. Since the topics of distressed debt and loan sales are frequently covered by CrunchedCredit, we thought an update on this conference was worth providing. For those of us not in the New York office, travelling to NYC … Continue Reading

Michigan Legislature Proposes Bill in Response to Recourse Cases

Well, that didn’t take long . . . Flashback to last month, when we highlighted two eye-opening judicial decisions from Michigan that could potentially have a dramatic and costly impact for recourse guarantors of many CMBS loans.  The Cherryland and Chesterfield cases provoked widespread feelings of uncertainty and unease, as well as the belief that … Continue Reading

The Eurozone Sovereign Debt Crisis: Investment Risks and Opportunities

We at hope that our written words provide insight and amusement on topics our readers care about.  And although we enjoy putting pen to paper (so to speak), we are always looking for new ways to connect with our client base and readership. Recently, blogger Rick Jones joined his partners George Mazin and … Continue Reading

American Bankers Association: Regulatory Reform Initiative

Today the American Bankers Association will publish its Summary and Analysis of the Regulatory Reform Conference Report. The project will provide detailed summaries of each title of the Dodd-Frank Wall Street Reform and Consumer Protection Act conference report, as well as analysis of which entities will be affected and how. The conference report has been … Continue Reading

Securitization Update: Status of Recent Legislative and Regulatory Proposals ‬

Dechert has assembled a team to cover the latest legislative and regulatory developments affecting the CMBS, RMBS, and ABS markets. Each Dechert Securitization Update provides timely information on these developments. For a discussion of several recent legislative and regulatory developments that will shape the future of the securitization markets, please see the latest Securitization Update … Continue Reading