Structuring Financeable Ground Leases and Leasehold Mortgages

Balancing Competing Interests Among Owners, Lessees and Lenders

A live 90-minute CLE webinar with interactive Q&A


Tuesday, December 18, 2018

1:00pm-2:30pm EST, 10:00am-11:30am PST

(Alert: Event date has changed from 10/18/2018!)

or call 1-800-926-7926

This CLE webinar will provide counsel with an overview of the process of drafting and negotiating a financeable ground lease and address key provisions that balance the interests of the owner, lessee and lender. The panel will also discuss the leasehold mortgage and issues presented by leasehold financing.

Description

A ground lease can be an attractive method to develop commercial property. However, the tenant/developer’s ability to obtain financing is crucial to the success of a development using a ground lease.

The potential lender’s interests must be considered in the initial negotiation of a ground lease between the landlord and tenant. Counsel’s primary task is to balance all the competing interests concerning each key provision, such as subordination, right to cure and consent.

A lender’s lien on a financeable ground lease is secured by a leasehold mortgage, which must be drafted to address the lender’s and borrower/tenant’s interests during the term of the lease and in the event of foreclosure.

Listen as our authoritative panel of real estate attorneys discusses how to balance the competing interests of the owner, lessee and lender to create a financeable ground lease.

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Outline

  1. Perspectives of the owner, lessee and lender
  2. Is the ground lease financeable?
  3. Key provisions of a ground lease/differing interests
  4. Common solutions/the “middle ground”
  5. Ground leasehold mortgages/drafting and foreclosure
  6. Lessons from the recent economy and the role of ground leases in future development

Benefits

The panel will review these and other high priority issues:

  • What are essential provisions of a ground lease?
  • What solutions are available to resolve key areas of dispute that may be acceptable to all parties involved—the landlord, tenant and lender?
  • What are the common “deal breakers” for the respective parties in a ground lease?
  • How are tighter lending standards and rating agency requirements affecting the use of ground leases?

Faculty

O’Sullivan, Patrick
Patrick J. O’Sullivan, Jr.

Partner
Herrick Feinstein

Mr. O’Sullivan represents developers, investors, governmental entities and not-for-profit institutions on a range...  |  Read More

Shapiro, Ellen
Ellen L. Shapiro

Partner
Herrick Feinstein

Ms. Shapiro has significant experience representing borrowers, institutional lenders (in their general portfolios and...  |  Read More

Live Webinar

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$297

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Live Webinar & Download

$394

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$394 + $19.45 S&H

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$297

Download

48 hours after event

$297

DVD

10 business days after event

$297 + $19.45 S&H