Construction Lending and Title Insurance: Best Practices in Disbursement and Documentation
Drafting Effective Future Advance, Budgeting, and Draw Provisions; Lien Waivers, Title Updates and Endorsements
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will examine the mechanics of construction loan funding and the interplay of construction advances with title insurance through the life of a construction loan. The panel will discuss drafting, budgeting, and construction-draw provisions and best practices for preserving the lender's lien priority and title insurance protection for future advances.
- Construction loans
- Budgeting: adjustments, retainage
- Draw procedures
- Mechanics liens: lien waivers, lien subordinations
- Title coverage and construction endorsements
- Future advance clause, title updates
- Survey coverage: new 2021 ALTA/NSPS Standards
- Owner's policy
The panel will review these and other relevant matters:
- What are the issues to consider in drafting construction draw provisions?
- How do construction draw provisions address variations from the construction budget?
- How does title insurance for a construction loan differ from title insurance for a permanent loan?
- What is the purpose of lien waivers or subordinations required with construction draws, and what are the standard forms?
Jeffrey R. Escobar
Dorsey & Whitney
Mr. Escobar helps companies navigate through complex real estate, project and infrastructure finance, and... | Read More
Mr. Escobar helps companies navigate through complex real estate, project and infrastructure finance, and development transactions to achieve their goals of smartly, quickly, and fairly deploying capital and investment in large-scale real estate and constructions projects. He advises horizontal and vertical project owners, real estate companies, joint ventures, institutional owners, closely-held developers, lenders, investors, sponsors, project companies, private and public utility companies and private equity funds across the US and throughout the Americas on their financing and deployment of capital on their most complex and large-scale commercial real estate, energy, infrastructure, transportation, and renewable energy projects. Applying a deep sense of practicality and business acumen, Jeff provides clients with key insight and in-depth knowledge into every stage of project and real estate development, construction and financing.Close
Micah J. Halverson
Mr. Halverson represents commercial lenders and developers in a variety of financial transactions and developments. He... | Read More
Mr. Halverson represents commercial lenders and developers in a variety of financial transactions and developments. He has served as lead counsel to several national banks, assisting their community development lending platforms to provide comprehensive lending services on predevelopment, construction, bridge and permanent loans on multifamily housing projects using LIHTCs. Mr. Halverson also represents multiple super-regional banks in their general commercial lending and healthcare lending platforms, including asset based loans, revolving lines of credit, senior housing loans, skilled nursing loans, bridge to HUD loans, healthcare M&A finance, and other business loans. He routinely represents commercial real estate lenders who originate loans on projects including charter school, office, student housing, hotel, multifamily housing, condominiums, industrial and self-storage utilizing mortgage and mezzanine financing structures. He regularly serves as real estate counsel in P3 transactions developing social infrastructure, housing and transportation infrastructure. Mr. Halverson represents a major mortgage loan servicer and manages a national team of attorneys in mortgage litigation and loan workout matters. He is a frequent presenter, panelist and guest lecturer at the University of Colorado Law School and the Sturm College of Law at the University of Denver on transactional law topics as well as an instructor in continuing legal education seminars on commercial lending.Close