Distressed Real Estate Loan Acquisitions: Due Diligence Strategies and Contract Considerations
Best Practices For Buyers and Sellers of Commercial Mortgage and Mezzanine Loans
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, August 30, 2011
Recorded event now available
This CLE webinar will provide guidance for real estate counsel on key due diligence issues involved in distressed real estate loan acquisitions. The panel will outline strategies to identify and mitigate risks and liabilities during the deal—and offer best practices for crafting risk mitigation contractual provisions.
Description
Acquiring distressed commercial mortgage and mezzanine loans presents a myriad of legal and financial risks for buyers and lenders. Because distressed loan acquisitions often occur in a compressed time frame, shortcuts taken during due diligence could lead to grave mistakes.
Counsel for buyers and sellers should carefully review and evaluate all loan documents, including any intercreditor agreements, pooling and servicing agreements, and relevant participation or co-lender agreements, to ensure that their clients’ interests are sufficiently protected.
Buyers and sellers counsel should also take additional steps to mitigate risk, including carefully negotiating representations and warranties clauses and thoughtfully crafting remedies provisions in the event of breach.
Listen as our authoritative panel of attorneys explains effective due diligence strategies for buyers and sellers of commercial mortgage and mezzanine loans. The panel will outline strategies to identify and mitigate risks and liabilities during the loan acquisition.
Outline
- Review of loan documents
- Review of real estate asset
- Intercreditor issues
- A/B loans
- Senior mezzanine lender
- Pooling and servicing agreements
- Purchase contract negotiation strategies
Benefits
The panel will review these and other key questions:
- What factors help determine the extent and type of due diligence sufficient for distressed real estate loan acquisitions?
- What are the best practices for evaluating and managing legal and financial risks when buying or selling commercial mortgage and mezzanine loans?
- How can representations and warranties provisions be used to protect against unforeseen or overlooked diligence tasks?
Faculty
Daniel B. Guggenheim,
Pircher Nichols & Meeks, Los Angeles
He has experience representing mortgage and mezzanine lenders, commercial and residential developers, and opportunity and hedge funds in all aspects of transactional real estate, including acquisitions and dispositions of real estate and related debt instruments, workouts, development projects, and debt and equity financings (with a focus on joint ventures).
Bruce E. Prigoff,
Partner
Cox, Castle & Nicholson, San Francisco
He represents real estate capital markets lenders and investors in bridge and mezzanine financing, A/B structured loan transactions, equity investment and discounted acquisitions of mortgage loans, mezzanine loans and B Notes. He possesses extraordinary expertise in the purchase and sale of distressed performing and non-performing loans, loan portfolios and properties.
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, GA, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, 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
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, GA, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, 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.
Webinar Download (Slide Presentation with Audio) $297.00
Available three 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
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $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
Requires Adobe Reader 8 or later. Download Acrobat FREE.
Program Materials
Requires Adobe Reader 8 or later. Download Acrobat FREE.
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
Very good current, practical and applicable discussion and information provided.
Matthew Moore
Clawson & Staubes, LLC
The presentation was not too long, but included a great deal of information. The speakers kept to their times and provided an opportunity for questions at the end.
Amy E. McShane
Phillips Lytle LLP
The program covered a fair amount of material in a short time period.
Dawn Sharff
Bradley Arant Boult Cummings LLP
I appreciated that there was a great deal of current case law on the subject and the speakers were concise and informative.
Thomas G. Mancuso
Haskell Slaughter
The program was very thorough, stayed on topic and was well organized.
Thad Wilson
King & Spalding LLP
Real Estate Law Advisory Board
Partner
Alston & Bird
Partner
Stroock & Stroock & Lavan
Partner
Robinson & Cole
Of Counsel
Jenner & Block
Partner
Bryan Cave
Of Counsel
K&L Gates
Counsel
Kilpatrick Townsend & Stockton
Partner
Jones Day
Our Guarantee
Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.