Commercial Mortgages, Security Deeds and Deeds of Trust

Securing Favorable Terms in a Conservative Underwriting Climate

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

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Conducted on Wednesday, April 11, 2012

Recorded event now available

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Course Materials

This CLE course will provide real estate finance counsel with perspectives of lenders reentering the credit market and outline approaches, techniques and tactics to work with lenders in today's underwriting climate. The panel will address key mortgage provisions and the impact of recent statutes and regulations.


As the commercial real estate lending market rebounds, borrowers need to obtain new loans or refinance existing loans.

However, conservative underwriting standards and increased regulation are affecting how real estate lenders approve loans and how they negotiate the terms of their documentation, especially the mortgage. Many lenders have toughened their forms and approach negotiation with a more rigid perspective.

With an understanding of the lender's perspective and the key terms of a mortgage, borrowers can still utilize many negotiation approaches and techniques to obtain favorable changes to the lenders’ documents.

Listen as our authoritative panel describes the best approaches to obtain favorable changes to a mortgage in today's conservative underwriting climate and explains the lender's perspective, key mortgage provisions, and key post-default considerations.



  1. Perspectives and negotiation approaches
    1. Perspective and negotiation approaches of lenders
    2. Approaches, techniques and tactics for borrowers
  2. Negotiating the key provisions of mortgages, security deeds and deeds of trust
    1. Financial terms and impact of loan commitment
    2. Prepayment and defeasance rights
    3. Escrows
    4. Due on sale clauses
    5. Change of control
    6. Recourse debt and carveouts
    7. Personal guaranties
    8. Cross-Collateralization and cross-default
    9. Other Debts or incumbrances
  3. Post-Default and workout considerations


The panel will review these and other key questions:

  • What are lenders' concerns on reentering the credit market in today's conservative underwriting climate?
  • How can borrowers negotiate favorable mortgage terms that will preserve and improve the profitability of the deal?
  • What are the key mortgage terms that can be negotiated and how should the borrower approach each provision?
  • What mortgage concerns arise in a post-default or workout situation?

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


Thomas C. Homburger
Thomas C. Homburger

Of Counsel
K&L Gates

He concentrates his practice in the area of real estate financing, development and investment, and he is particularly...  |  Read More

David H. Gunning, II
David H. Gunning, II

Roetzel & Andress

His practice focuses on real estate, finance and construction law. His clients have included lenders, developers,...  |  Read More

M. Christine Graff
M. Christine Graff

Winston & Strawn

She is a partner concentrating her practice in commercial real estate. She has assisted clients throughout the country...  |  Read More

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