Commercial Real Estate Loan Workouts: New Restructuring Opportunities
Leveraging the Latest Federal Guidelines in Negotiating an Effective Workout Agreement
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, February 18, 2010
Recorded event now available
This CLE seminar will review the new federal guidelines on commercial real estate loan workouts and explain the benefits and limitations of workout agreements. The panel will provide their experiences, guidance and best practices for negotiating workout agreements for owners, developers and lenders.
Description
Owners and developers of financially troubled real estate projects must keep properties afloat despite waning cash flows and weakening property values. Lenders are facing late payments and seeking new ways to recover on real estate loans.
Workout agreements allow loans to be restructured to protect an owner’s interest in property and the lender’s investment. Counsel for both parties must strategically negotiate such agreements to ensure that their clients can pursue their original remedies in the event that the workout fails.
New federal guidelines on commercial real estate loan workouts, released by the Federal Financial Institutions Examination Council on Oct. 30, 2009, offer guidance for examiners and financial institutions on working with distressed borrowers.
Listen as our panel of real estate finance attorneys reviews the new federal guidelines and explains the benefits and limitations of workout agreements. The panel will outline best practices for owners, developers and lenders involved in negotiating workout agreements.
Outline
- Overview of new guidance for Prudent Commercial Real Estate Loan Workouts
- Developing a strategy
- Immediate action steps
- Limits on the lender’s objectives
- The threat of bankruptcy
- Knowing the enforcement options
- Types of workouts
- Alternatives to foreclosure
- Forbearance agreements
- Bankruptcy mitigation techniques
Benefits
The panel will review these and other key questions:
- What are the key features of the newly released federal guidance on Prudent Commercial Real Estate Loan Workouts?
- What are the benefits of real estate workouts for lenders and borrowers?
- When are loan workouts an optimal — or even viable — option for borrowers and lenders?
- What are some best practices in negotiating a real estate workout agreement?
- How can borrowers and lenders identify and minimize their legal risks when contemplating a real estate workout?
Faculty
David A. Barksdale,
Partner
Ballard Spahr Andrews & Ingersoll, Las Vegas
He focuses on real estate development, finance and construction. He has represented developers in acquiring and financing commercial projects and borrowers in negotiating and closing financing.
Ren R. Hayhurst,
Partner
Bryan Cave, Irvine, Calif.
He represents lenders in real estate and commercial loan documentation, real estate loan workouts and foreclosure, receivership and loan/guaranty enforcement litigation. He is a frequent speaker on a wide variety of real estate topics.
Steven D. Collier,
Counsel
Alston & Bird, Atlanta
He concentrates in the area of mortgage finance, emphasizing the representation of institutional real estate lenders, borrowers and investors and specializes in portfolio and CMBS loans.
Ordering
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in AK, AZ, CA, CT*, MO, MT, NY*, TX, VT, WA. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, LA, ME, ND, NE, NH, NM, NV, OR, UT, WI, WV, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*For CT and NY, Strafford needs to process the CLE — see below to purchase this option.)
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
CLE Processing on Recorded Event $65.00
CLE on Live Event
Continuing Legal Education credit processing is available for an additional $65 per person per state in states where webinars and teleconferences are accredited.
You may register for CLE credit processing before or after a program (application deadlines vary by state). Exceptions: Pennsylvania attorneys must pre-register for CLE. Maine and Alabama attorneys please call 1-800-926-7926 ext. 10 for special instructions.
CLE credits are not available for DE, IN, KS, OH, and PR or for NY attorneys admitted within the last 2 years.
CLE Processing $65.00
Webinar/Teleconference
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Program Materials
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Program Materials
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CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
All the speakers seemed extremely knowledgeable on the subject matter. Overall a very good seminar.
Stephan R. Silen
American AgCredit
A focused presentation offering practical information in a concise format.
Una Kang
Saiber
I found the content very useful and was impressed by the high quality of each speaker's ability to articulate his presentation.
Andrew Lillie
Hogan & Hartson
Very good. Gave me exactly what I wanted. The questions I emailed in were handled thoroughly.
James J. Long
Briggs & Morgan
Very well-organized.
Kerin Coughlin
Constantine Cannon
Real Estate Law Advisory Board
Partner
Ballard Spahr Andrews & Ingersoll
Partner
Stroock & Stroock & Lavan
Partner
Robinson & Cole
Of Counsel
Jenner & Block
Partner
Bryan Cave
Partner
K&L Gates
Michelle A. Neumann
Attorney at Law
Jordan Schrader Ramis
Attorney
McGuire Woods
Partner
Howrey