Structuring Ground Leases and Leasehold Mortgages: Balancing Competing Interests Among Owners, Lessees, and Lenders

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


Tuesday, January 25, 2022

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

Early Registration Discount Deadline, Friday, January 7, 2022

or call 1-800-926-7926

This CLE course 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 a development's success using a ground lease.

Counsel must consider the potential lender's interests in the 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 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 the essential provisions of a ground lease?
  • What are the principal benefits to the landlord and the tenant of ground leasing a property?
  • What changes have occurred with the development of the “modern” ground lease?
  • How are tighter lending standards and rating agency requirements impacting the use of ground leases?

Faculty

Cohen, Dena
Dena Cohen

Partner
Herrick Feinstein

Ms. Cohen focuses her practice on commercial leasing transactions, ground leases, and real estate sales and...  |  Read More

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

Attend on January 25

Early Discount (through 01/07/22)

Cannot Attend January 25?

Early Discount (through 01/07/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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