Distressed Commercial Real Estate Debt: New Opportunities and Legal Risks
Strategies for Buying and Selling Loans Facing Default
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will discuss best practices for counsel to investors and lenders in negotiating and structuring distressed real estate deals to take advantage of the opportunities currently available while mitigating inherent legal and financial risks.
- Overview — impact of economic forces on real estate loans
- Opportunities for investors/buyers and lenders
- Note and REO sales
- Sales of assets in foreclosure
- Role of the special servicer
- Impact of bank takeovers
- Negotiating and structuring the deal
- Debt pricing
- Due diligence
- Representations and warranties
- Closing conditions
- Intercreditor rights
- Third-party rights
- Alternative structures (deed in lieu of foreclosure, receiver)
The panel will review these and other key questions:
- What are the key factors driving the increase in distressed real estate deals?
- What are the potential legal pitfalls in negotiating distressed real estate deals?
- What are best practices for counsel on both sides of the deal to tailor terms in distressed transactions?
- How has the U.S. Treasury Department's Public-Private Investment Program impacted investors' opportunities to purchase distressed real estate?
George E. Covucci
Arnold & Porter
He serves as counsel to creditors' committees of lenders, developers, and limited partners in foreclosures and real... | Read More
He serves as counsel to creditors' committees of lenders, developers, and limited partners in foreclosures and real estate workouts. His experience also includes sales and purchases of commercial real estate for foreign and other investors, and structuring joint ventures and limited partnerships involving tax, partnership, and financial issues. He lectures often on distressed real estate topics.Close
Ren R. Hayhurst
He represents lenders in real estate and commercial loan documentation, real estate loan workouts and foreclosure,... | Read More
He represents lenders in real estate and commercial loan documentation, real estate loan workouts and foreclosure, receivership and loan/guaranty enforcement litigation. He is a frequent speaker on a wide variety of real estate topics.Close
He chairs the firm's Real Estate Group. He focuses on commercial real estate transactions, with an emphasis on real... | Read More
He chairs the firm's Real Estate Group. He focuses on commercial real estate transactions, with an emphasis on real estate finance, acquisitions and sales. He has experience with the lender and borrower side of real estate lending (including origination, workout and restructuring). He represents institutional lenders and borrowers in originating and restructuring mortgage and mezzanine financing.Close
Amy B. Rifkind
Arnold & Porter
She has experience in all aspects of commercial real estate transactions and financings including construction, term... | Read More
She has experience in all aspects of commercial real estate transactions and financings including construction, term loan, conduit, mezzanine, and securitized debt financings. She counsels clients regarding debt and equity restructurings, buying distressed debt and workouts. She also focuses on large-scale leasing, public-private partnerships, and real estate development.Close