Short Sales and Bankruptcy Sales of Commercial Properties

Strategies for Investors and Owners to Minimize Business and Legal Risks

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


Conducted on Tuesday, January 18, 2011

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for counsel to investors and owners for evaluating potential purchases of commercial properties through a short sale or bankruptcy sale. The panel will explain the legal and business risks to investors and owners and strategies for mitigating those risks.

Description

Real estate loan defaults continue to soar, providing investors with opportunities to obtain commercial properties at a discount through short sales and bankruptcy sales. Before pursuing a short sale or bankruptcy sale, investors and property owners must evaluate the business and legal risks.

Short sale deals require a thorough review of tax liens and other potential liens; an understanding of the authorizations and clearances that must be obtained from lenders; and an awareness of potential conflicts of interest between the investor and owner.

Investors considering purchasing commercial properties through a bankruptcy sale must evaluate whether to pursue an auction sale or Section 363 sale; how to meet bidder pre-qualifications; and what negotiating strategies are most effective in the bankruptcy forum.

Listen as our authoritative panel explains factors for investors and owners in evaluating whether to purchase commercial properties through a short sale or bankruptcy sale. The panel will explain the legal and business risks to investors and owners and strategies for mitigating those risks.

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Outline

  1. Short sales
    1. Owner considerations
    2. Investor considerations
    3. Lender considerations
  2. Bankruptcy sales
    1. Auction sale
    2. Section 363 sale
    3. Bidder pre-qualifications
    4. Pre-negotiated sales
    5. Stalking horses
  3. Best practices for investors, owners and lenders
    1. Negotiating the deal
    2. Documenting the transaction

Benefits

The panel will review these and other key questions:

  • What business and legal factors should investors, buyers and lenders consider in deciding whether to buy or sell commercial property through a short sale or bankruptcy sale?
  • How can investors and buyers identify and minimize their legal risks when executing a short sale or bankruptcy sale?
  • What are the key considerations and best practices in negotiating and documenting the transaction?

Faculty

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

Hal Mark Mersel
Hal Mark Mersel

Partner
Bryan Cave

He represents banks, mortgage companies, and other financial institutions in consumer class actions and other financial...  |  Read More

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