12-Hour Program

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Overview

Why you should attend

This seminar will revisit the building blocks of commercial real estate financing. It will focus on the steps counsel needs to take to get a deal closed – what lender’s counsel needs to do to deliver a valid mortgage lien without surprises, and what borrower’s counsel needs to do to get the borrower the money it needs. We will look at how lenders review leases; how surveys work and interact with title insurance; and the title insurance closing process. The Uniform Commercial Code also matters in real estate lending, and we will explain why and how.

We will dig into loan document negotiations from the borrower’s perspective. That discussion will start with a hard look at guaranties and lessons learned from the recent downturn. It will also include other points that borrowers care about, and why, and how those points get negotiated.

Stepping back a bit, we will look at who is making loans in today’s market and on what terms, and how that has changed in the last few years. This year’s seminar will target commercial real estate finance lawyers who have worked on some loans, but aren’t yet experts and want to build their expertise.

A faculty of seasoned practitioners will help you understand old principles that are new again, build your knowledge of how to structure and close commercial real estate loans, and revisit legal principles for troubled loans that date back to law school or the last downturn.

What you will learn

  • How lenders look at leases
  • Who’s lending, and where and how?
  • Title insurance and the closing process
  • Nondisturbance agreements and negotiations
  • Strategies to get the deal closed
  • Common mistakes in UCC filings
  • Single-purpose entities and LLC agreements
  • Nonconsolidation opinions

plus

  • The perils of nonrecourse carveouts
  • An overview of bankruptcy from the perspective of the loan closing
  • How to prevent malpractice in loan closings
  • Legal opinion negotiations
  • Loan document mathematics
  • Learning to live with the rating agencies

Who should attend

Commercial real estate attorneys, executives, in-house counsel, investment bankers who acquire and sell real estate, asset managers and acquisition managers.

Credit Details