It’s our fault.  Well, if not entirely our fault, we certainly enabled it (you business types let this happen with nary a peep of protest).  What am I banging on about?  Legal documents.  The legal documents we use in mortgage finance and securitization are the most turgidly unreadable, repetitious, corpulent, elephantine abuses of the English language of which I

Regular readers of this column may be aware that I have an arguably unhealthy fascination with black swans.  To quote the late Donald Rumsfeld, these known unknowns and unknown unknowns can be pesky…at best and pretty horrible at worst (he wasn’t as dumb as people thought he was, was he?).  

Black Swans and fat tails are

It has worked its way into our cultural gestalt that every problem deserves a solution, created, crafted, implemented and enforced by our increasingly paternalistic government.  Our government, for its part, endlessly tells us that indeed, yes, it is the solution to…pretty much everything.  We, in the finance community writ large, are often the object of the government

Things are looking pretty sweet out there right now, aren’t they?  The economy seems immune to all the handwringing over jobs and inflation.  The stock market is on fire.  The financial community, including but certainly not limited to the commercial real estate finance community, is doing cartwheels over the expectation that 2026 will be the year we’ve been

There’s an awful lot of happy talk going around about 2026.  Apparently, that’s the year we were supposed to stay alive till.  I surely hope the talk is right, even if it doesn’t rhyme.  2025 was a pretty darn good year for commercial real estate but underperformed the “talk” in late 2024.  We like happy talk.  I keep seeing

It’s that time of year again, time for me to give out the Golden Turkeys.  As usual, I wait until the Nobels are done so the Turkeys can get the attention that they deserve.  I’ve been in consultation with my editorial team, Hagrid and Hedwig, who are amazingly intuitive observers of the American experience, albeit they can

I’d like to direct your attention to my ex Dechert partner (he’s not ex, I am), Will Cejudo, and his recent OnPoint about the eponymously-titled Pancake REMIC.   (Regrettably, no one is paying me for this, I’ve got to figure out this influencer thing.  Nonetheless, Will is a brilliant tax lawyer and a business-friendly one who knows how to

Have you been thinking about the wealth tax winds blowing across Europe?[1]  You should.  While weather here in the US certainly moves west to east, really bad statist-inspired policies seem to move east to west.  After all, Europe gave us the absolute monarch, utopian socialism, Marxism, nihilism, anarchism, theocracy, fascism and whatever the Russians are doing