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2007

New York Law School

Article 9

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Risks And Realities Of Mezzanine Loans, Andrew R. Berman Jan 2007

Risks And Realities Of Mezzanine Loans, Andrew R. Berman

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The last decade has witnessed an astounding increase in new real estate financing techniques, including mezzanine loans. These new financings are not directly secured by real estate and do not even directly involve land. In the real estate industry, mezzanine financing typically refers to a loan secured principally by the borrower's equity in other entities. Both economically and legally, the value of the mezzanine borrower's collateral derives solely from its indirect ownership of the underlying property.

This article provides a detailed description of the legal structure of mezzanine loans. In addition, this article evaluates the hazards, legal risks and uncertainties …