Acquisitions of Distressed Commercial Mortgage and Mezzanine Debt

Key Issues for Mortgage vs. Mezzanine Debt, Due Diligence Strategies, and Contract Considerations for Buyers and Sellers

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Wednesday, September 19, 2012

Recorded event now available

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Course Materials

This CLE course will provide guidance for real estate counsel on key due diligence issues involved in distressed real estate loan acquisitions for buyers and sellers of commercial mortgage and mezzanine debt. The panel will outline strategies to identify and mitigate risks and liabilities during the deal.

Description

Acquiring distressed commercial mortgage and mezzanine loans presents a myriad of legal and financial risks for buyers and sellers. Because distressed loan acquisitions often occur in a compressed time frame, shortcuts taken during due diligence can lead to serious 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 their clients’ interests are sufficiently protected.

Practitioners should also take additional steps to mitigate risk, including carefully negotiating representations and warranties clauses and thoughtfully crafting remedies provisions in the event of a default.

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.

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Outline

  1. Legal and financial risks of distressed note purchases
  2. Evaluating the real estate asset and finding a loan to buy
  3. Due diligence and documentation strategies for the purchase of commercial mortgages
  4. Special due diligence and documentation strategies for mezzanine loan acquisitions

Benefits

The panel will review these and other key questions:

  • How should a real estate asset be evaluated in order to decide which loan to buy?
  • 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?
  • What are the special considerations for the purchase and sale of mezzanine debt?
  • How can representations and warranties provisions be used to protect against unforeseen or overlooked diligence tasks?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Ren R. Hayhurst
Ren R. Hayhurst
Partner
Bryan Cave

He represents lenders in real estate and commercial loan documentation, real estate loan workouts and foreclosure,...  |  Read More

James P. Kousoulas
James P. Kousoulas
Partner
Bryan Cave

His practice focuses primarily in banking and real estate, with an emphasis in commercial lending and real estate...  |  Read More

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