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 webinar 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

  1. Overview of new guidance for Prudent Commercial Real Estate Loan Workouts
  2. Developing a strategy
    1. Immediate action steps
    2. Limits on the lender’s objectives
    3. The threat of bankruptcy
    4. Knowing the enforcement options
  3. Types of workouts
    1. Alternatives to foreclosure
    2. Forbearance agreements
    3. 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, Los Angeles

He focuses on distressed real estate, real estate development, finance and construction, and secured finance. He advises both lenders and borrowers on workouts and the financial restructuring of distressed real estate projects, including master planned and mixed-use developments, retail and office centers, casinos, hotels, industrial properties, and other types of commercial real estate.

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

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, UT, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $297.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, UT, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, WI, 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.

MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event

How does this work?

Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

How does this work?

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

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

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.

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Customer Reviews

Cutting edge information from people who are in the field.

John McGowan

Donahue Tucker & Ciandella

Content was superb.

Patrick Webb

Webb & Carey

I appreciated the practical strategy issues raised by the speakers. The detailed information about specific techniques was especially helpful.

Jennifer Harrison

Faegre & Benson

The speakers were knowledgeable and presented useful information.

Karen Shaffer-Levy

Reed Elsevier

The speakers were tops in their industry.

Peter Danias

Kaye Scholer

Real Estate Law Advisory Board

David A. Barksdale

Partner

Ballard Spahr Andrews & Ingersoll

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Of Counsel

Jenner & Block

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Partner

K&L Gates

Susan C. Tarnower

Counsel

Thompson Hine

Clark T. Thiel

Partner

Howrey