Receiverships: Effective Remedy for Distressed Commercial Real Estate
Maximizing Property Values and Minimizing Legal Risk Through Court-Appointed Receivers
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to counsel for lenders, borrowers and loan servicers on evaluating whether to seek or oppose a receivership for distressed commercial real estate. The panel will also explain how lenders, borrowers, servicers and prospective buyers can navigate the receivership process.
- Receivership defined
- Types of receiverships
- Appointment of the receiver and the receivership order
- The receivership process and reporting requirements
- Factors to consider when evaluating whether to seek or oppose a receivership
- Common legal and business considerations with receiverships
- Receivership fiduciary obligations and liabilities
- Shelter from lender liability
- Borrower bankruptcy issues
- Risks to prospective buyers—no representations or warranties on property, dealing with defaulting borrower, title issues, etc.
- State court versus federal court—pros and cons
- Managing costs of receiverships
The panel will review these and other key questions:
- How are receiverships being used in the distressed property market?
- What factors must be considered by lenders, borrowers and servicers when evaluating whether to seek or oppose a receivership?
- What are the benefits and risks to prospective buyers considering purchasing a property through a receivership?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Henry P. Lorber
Hays Financial Consulting
He has more than 35 years of experience in successful creative restructures and disposition of troubled real estate... | Read More
He has more than 35 years of experience in successful creative restructures and disposition of troubled real estate loans and properties. Previously, he was the Principal of Realty Asset Management, where he consulted with numerous banks, insurance companies, developers and guarantors on troubled loans secured by more than $350MM in real estate.Close
Samuel H. Levine
Arnstein & Lehr
His practice covers a broad spectrum of activities in the area of real estate litigation, including commercial mortgage... | Read More
His practice covers a broad spectrum of activities in the area of real estate litigation, including commercial mortgage foreclosures and other proceedings to enforce creditors’ rights, construction disputes, mechanics liens and bond claims, real estate title disputes and bankruptcy matters. He has written and spoken extensively on a variety of real estate topics.Close
Stephen J. Donell, CPM®, CCIM, ARM®, CCRM®
Receiver and President
He has been involved in the acquisition, development, marketing and management of properties and businesses in... | Read More
He has been involved in the acquisition, development, marketing and management of properties and businesses in California, Arizona and Nevada since 1984. He has extensive experience as an equity receiver appointed for the benefit of secured creditors and/or in aid of execution of judgments, and has operated and liquidated business through auction, private party sale and/or partnership buyouts.Close