Distressed Real Estate Loan Acquisitions: Due Diligence Strategies and Contract Considerations

Best Practices For Buyers and Sellers of Commercial Mortgage and Mezzanine Loans

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

Conducted on Tuesday, August 30, 2011

Recorded event now available

or call 1-800-926-7926

This CLE course will provide guidance for real estate counsel on key due diligence issues involved in distressed real estate loan acquisitions. The panel will outline strategies to identify and mitigate risks and liabilities during the deal—and offer best practices for crafting risk mitigation contractual provisions.


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

Buyers and sellers counsel should also take additional steps to mitigate risk, including carefully negotiating representations and warranties clauses and thoughtfully crafting remedies provisions in the event of breach.

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.



  1. Review of loan documents
  2. Review of real estate asset
  3. Intercreditor issues
    1. A/B loans
    2. Senior mezzanine lender
    3. Pooling and servicing agreements
  4. Purchase contract negotiation strategies


The panel will review these and other key questions:

  • 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?
  • 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.


Daniel B. Guggenheim
Daniel B. Guggenheim

Pircher Nichols & Meeks

He has experience representing mortgage and mezzanine lenders, commercial and residential developers, and opportunity...  |  Read More

Prigoff, Bruce
Bruce E. Prigoff

Cox Castle & Nicholson

Mr. Prigoff represents real estate capital markets lenders and investors in bridge and mezzanine financing, A/B...  |  Read More

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