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.

Latest Articles

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 action prior to the expiration of the state specific statute of limitations.  This means that once a borrower has…
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 default, the lender would only exercise remedies against the property securing the loan and not against…
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 recent trend in the Second Circuit and elsewhere towards an expansive interpretation of what constitutes an “interest”, which should help…
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 Forum.  Panelists at the forums expressed a general sense of optimism for 2013 and expect the general market trends…
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 (not standardization) project. The discussion focused on the PSA Task Force’s tremendous efforts to develop a uniform set of guiding principles…
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 room only. As participants reviewed CLO performance over the past five years, the theme emerged that CLOs weathered the crisis…
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 is always an excellent opportunity to catch up with clients and colleagues. Given that we were talking about distressed debt…
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 the courts had sacrificed the parties’ (and perhaps the entire industry’s) intent in exchange for a strict reading of…
We at CrunchedCredit.com 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, CrunchedCredit.com blogger Rick Jones joined his partners George Mazin and Holland  West of the Financial Services Group, Thomas P. Vartanian of the Financial Institutions Group, James Waddington of the Banking and Finance…