Bank Notes Secured by Real Estate: Latest Opportunities and Risks for Investors and Lenders
Navigating Representations and Warranties, Lender Liability, and Foreclosure Issues
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide counsel for investors and lenders with an understanding of the key issues surrounding the purchase and sale of bank notes secured by real estate. The panel will discuss finding loans to buy and will present the best practices for negotiating and documenting the transaction.
Outline
-
Current trends in note sales
- Market trends
- Risks and rewards of note purchases
- Finding a loan to buy
- Negotiating a loan purchase with a lender
- Financing a loan purchase
-
Legal issues involved with buying notes/ best practices for investors and lenders
- Due diligence
- Documentation
- Representations and warranties
- Lender liability issues
- Title issues
- Foreclosure process and issues
- Receivership and other alternatives to foreclosure
- Effect of note sale on defaulting borrower
Benefits
The panel will review these and other key questions:
- What business and legal factors should counsel to investors and lenders consider when contemplating the purchase or sale of bank notes secured by real estate?
- What due diligence is necessary before purchasing bank notes secured by real estate?
- How can counsel to investors and lenders identify and minimize legal risks when executing a bank note purchase and sale?
- What are some best practices in negotiating the bank purchase and sale agreement?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Thomas O'Connor
Partner
Duval & Stachenfeld
He specializes in commercial real estate transactions with an emphasis on real estate finance, acquisitions and sales.... | Read More
He specializes in commercial real estate transactions with an emphasis on real estate finance, acquisitions and sales. He has extensive experience with both the lender and borrower side of real estate lending. He represents major institutional lenders and borrowers in originating and restructuring mortgage and mezzanine financing and in structuring preferred equity investments.
CloseAdriana Vesci
Partner
Cox Castle Nicholson
Her practice focuses on the representation of investors, developers and lenders in all types of real estate... | Read More
Her practice focuses on the representation of investors, developers and lenders in all types of real estate transactions, with an emphasis on property development, acquisition, disposition, construction financing, mezzanine financing, sale leaseback, ground lease financing, and preferred equity transactions. She assists clients with loan restructuring and workouts.
Close