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

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, August 3, 2023

Recorded event now available

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.


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.



  1. Perspectives of the owner, lessee, and lender
  2. Is the ground lease financeable?
  3. What makes a ground lease “financeable”?
  4. What are the key provisions of a leasehold mortgage?
  5. Ground leasehold mortgages/drafting and foreclosure
  6. Lessons from the recent economy and the role of ground leases in future development


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 makes a ground lease “financeable”?
  • What are the key provisions of a leasehold mortgage?


Cohen, Dena
Dena Cohen

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.

Herrick Feinstein

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

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