Acquisition of Distressed Real Estate Debt: Due Diligence, Key Contract Provisions, Mortgage and Mezzanine Issues
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE course will examine the due diligence and transactional issues involved in acquiring distressed mortgage and mezzanine debt. The panel will outline strategies to identify and mitigate risks and liabilities for both the buyer and seller.
Outline
- Purchasing and selling distressed as opposed to performing debt
- Due diligence
- Review of existing loan documents: locating originals
- Property-level issues: title, survey, environmental, property condition
- Borrowing entity
- The financial condition of the borrower and guarantor
- Outstanding claims, litigation, bankruptcy
- Documentation
- Loan purchase agreement
- Mortgage
- Mezzanine
Benefits
The panel will review these and other notable matters:
- What types of due diligence must be conducted on the underlying property before proceeding with a loan purchase?
- What are the key provisions of an LPA, and how might the LPA for a mortgage loan vary from a mezzanine loan?
- How do the borrower's and guarantor's entity structure and financial condition figure into a loan purchase?
- How should ongoing litigation, or a pending receivership, be addressed in the LPA?
Faculty

Patrick E. Fitzmaurice
Partner
Pillsbury Winthrop Shaw Pittman
Mr. Fitzmaurice's practice focuses on representing lenders and other creditors in workouts, restructurings,... | Read More
Mr. Fitzmaurice's practice focuses on representing lenders and other creditors in workouts, restructurings, litigation and bankruptcy matters. He regularly represents clients in fraudulent transfer and other types of avoidance litigation. Mr. Fitzmaurice is also frequently involved in advising creditors in foreclosure and other types of enforcement actions involving real estate and UCC collateral.
Closeto be announced.
Early Discount (through 08/26/22)
Cannot Attend September 20?
Early Discount (through 08/26/22)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.