High-Volatility Commercial Real Estate Loans: Guidance for Developers and Lenders on HVCRE Rules and Loan Covenants, Impact of Recent Dodd-Frank Amendments

Navigating Borrower Contributed Capital Rules, Maximum LTV Ratio, Conversion to Permanent Financing and More

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


Conducted on Thursday, June 7, 2018

Recorded event now available

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Program Materials

This CLE webinar will be a timely introduction to the high-volatility commercial real estate (HVCRE) regime. Our panel will discuss Basel III requirements for HVCRE loans and the HVCRE exemption criteria, and the recent reforms to the Dodd-Frank Act which modify those requirements. The program will also discuss how lenders are revising covenants in loan documentation in response to the HVCRE rules and the uncertainties facing borrowers.

Description

On May 24, 2018,the “Economic Growth, Regulatory Relief, and Consumer Protection Act” was signed into law (the Act). It includes significant reforms to the Basel III HVCRE Rule and the proposed HVADC Rule. Basel III standards caused an increase in the cost of lending (and, as a consequence, borrowing) concerning certain loans financing real estate acquisition, development and construction (ADC loans), as banks are required to retain more capital to address the risk weighting given to such investments.

To avoid higher risk weightings and capital retention requirements as a result of HVCRE classification, loans must fall into at least one of several exceptions to the general rule that all ADC loans constitute HVCRE loans. The Act provides some clarity regarding factors such as borrower’s contributed capital, maximum LTV ratio, and conversion to permanent financing in determining when an ADC loan is subject to application of the HVCRE rules or is exempt from HVCRE treatment.

Lenders and borrowers have attempted to establish best structuring practices and loan documentation to avoid inadvertent HVCRE treatment, but continue to face uncertainties over financing issues, including the impact of mezzanine debt, preferred equity and actual cash flow.

Listen as our authoritative panel of real estate finance attorneys guides you through the capital retention rules for HVCRE loans and the HVCRE exemption criteria. The panel will address the recent Dodd-Frank amendments and will also review how lenders are revising covenants in loan documentation in response to the HVCRE loan rules and the uncertainties facing borrowers.

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Outline

  1. Basel III rules
    1. Definition of an HVCRE loan
    2. Exemption criteria
    3. Impact on real estate and construction lending landscape
  2. Outstanding issues addressed by bank regulator FAQs
    1. Contributing additional capital to an existing HVCRE loan
    2. Grandfathering of current ADC loans
    3. Cash provided by the second mortgage on a property
    4. “As-stabilized” value
    5. Land committed to a new development
    6. Soft costs as contributed capital
    7. Subsequent appraisal/valuation resulting in LTV no longer exceeding maximum LTV ration
    8. Contributed capital remaining in the project
  3. Impact of mezzanine debt
  4. Typical loan covenants addressing HVCRE rules
  5. Borrower concerns

Benefits

The panel will review these and other critical issues:

  • Can the borrower contribute additional capital to an existing HVCRE loan after funds have been advanced to exclude the loan from the definition of HVCRE?
  • Can the “as stabilized” value be used to determine whether the loan is an HVCRE exposure?
  • Are soft costs part of the borrower’s contributed capital as development expenses?
  • If land purchased with cash is subsequently contributed to a new development, does it count as contributed capital?

Faculty

Forte, Joseph
Joseph Philip Forte

Partner
Sullivan & Worcester

Mr. Forte has substantial experience in commercial real estate capital markets and finance, with a particular...  |  Read More

Galligan, Matthew
Matthew (Matt) Galligan

President, Real Estate Finance
CIT

Mr. Galligan’s group provides stabilized, value-add and construction loans between $20 million and $50 million to...  |  Read More

Gerken, Gregg
Gregg Gerken
Executive Vice President, U.S. Head of CRE
TD Bank
Lashbrook, William
William G. Lashbrook
Senior Vice President
PNC Bank

Mr. Lashbrook led the PNC Real Estate team to meet the Basel III and Advanced Capital Management reporting...  |  Read More

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