Commercial Real Estate Loan Workouts and Modifications

Strategies for Developers, Owners and Lenders Restructuring Underperforming Loans

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

Conducted on Wednesday, August 24, 2011

Recorded event now available

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Program Materials

This CLE webinar will provide real estate counsel with guidance and best practices for restructuring underperforming commercial real estate loans in the current real estate market.

Description

Lenders and special servicers seeking to recoup defaulted and deteriorating loans backed by commercial mortgage-backed securities (CMBS) are exploring new and innovative workout strategies with developers and owners, including modifications of economic terms and loan extensions.

Modifying CMBS loans is made more difficult due to the complex structure of the loans, the reluctance of the special servicers to propose a loan modification, and the hesitation of the directing certificate-holders to approve a modification in the current economy.

Counsel for borrowers and lenders must strategically negotiate workouts and modifications to ensure that their clients are able to pursue their original remedies in the event that a workout or modification fails.

Listen as our authoritative panel of attorneys explains the benefits and limitations of CMBS loan workouts and modifications. The panel will provide their experiences, guidance and best practices for restructuring underperforming commercial real estate loans in the current real estate market.

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Outline

  1. Common types of workouts in the current economic environment
  2. Developing a strategy
    1. Immediate action steps
    2. Limits on the lender’s objectives
    3. The threat of bankruptcy
    4. Knowing the enforcement options

Benefits

The panel will review these and other key questions:

  • What loan workout strategies have become commonplace in the current economic environment?
  • How can borrowers and lenders identify and minimize their legal risks when contemplating a real estate workout or modification?
  • What are some best practices for negotiating a real estate loan workout or modification?

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

Faculty

David A. Barksdale
David A. Barksdale
Partner
Ballard Spahr

He focuses on distressed real estate, real estate development, finance and construction, and secured finance. He...  |  Read More

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

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