On-Demand Learning

Real Estate

Financing

From the program: New Developments in Residential Loan Servicing: State, Federal and Programmatic Laws, Regulations and Standards (Free)

Released on: May. 20, 2013

The rules of the road for residential mortgage servicing have changed significantly since the crash in 2008. Since then, a wide variety of agencies, including Congress, federal banking regulators, state attorneys general and the California legislature, have all sought to improve loan servicers’ practices, particularly in connection with the loss mitigation process. The result is a series of overlapping rules, laws and regulations –  from the ...

Recorded on: Apr. 17, 2013

Taken from the Web Program 18th Annual Consumer Financial Services Institute Recorded April, 2013 in New YorkFair Lending & Mortgage Litigation [01:47:01] Fair Lending- Update on disparate impact under Equal Credit Opportunity Act (ECOA) and the FHA in the courts and before the CFPB, HUD and the DOJ- Effect of the absence of disparate impact on both government and private litigation- Risks and challenges of fair lending enforcement in connection ...

Recorded on: Feb. 20, 2013

Taken from the Web Program Commercial Real Estate Financing 2013 Recorded February, 2013 in New York Interest Rate Protection in Commercial Real Estate Loans [01:03:52] Interest Rate Volatility and Indexes Swaps and Caps Security for Borrower Obligations Collateral Assignment of Swaps and Caps Pricing Closing and Documentation Process The purchase price of this segment includes the following article(s) from the ...

Recorded on: Feb. 19, 2013

JOSHUA STEIN: But for now, we're going to turn to our Rob Hellman and Dan Rubock, who are going to speak about the current state of the market and the current world of CMBS. Rob has 30 years of experience in the commercial real estate industry. He's an attorney, although he functions now as a Head of Asset Management and Head of the Investment Committee of Pembrook. He's also served as president, CEO, or CFO for a number of public real estate funds ...

Recorded on: Feb. 19, 2013

JOSHUA STEIN: We're going to be moving now to CMBS 2.0, and, if there is such a thing, what it means, how documentation has changed, how deal structures have changed, if they have changed. Our speakers are going to be Dan Rubock, again, joined now by Dave Stewart, who's a partner in the real estate practice of Mayer Brown, just down the street. Dave focuses his practice on secured lending and loans in the secondary market, including purchase of CMBS ...

Recorded on: Feb. 19, 2013

JOSHUA STEIN: Good afternoon, everyone. I think our audience is petering out. But our next speaker is going to be Ken Lore, who is a nationally recognized expert on government-assisted commercial real estate financing. This is the first time I've included a segment on this topic in this program. Ken is co-chair of the real estate practice group at Bingham and has a wide-ranging real estate practice, which includes a substantial element of affordable ...

Recorded on: Feb. 19, 2013

JOSHUA STEIN: OK, thanks for returning after the break, everyone. Our next speaker is Guy Dempsey who is going to speak about derivatives, specifically interest rate caps and swaps as used in commercial real estate transactions. These features do appear in deal after deal after deal. And we all kind of look at them from a real estate perspective. Guy is an expert on derivatives from the perspective of how they're structured, how you set them up, ...

Recorded on: Feb. 19, 2013

KEN: Good. Thanks. JOSH: Our next speaker is going to be Steve Wilner who's at Cleary Gottlieb Steen & Hamilton here in New York. Steve has a wide-ranging real estate and corporate practice with an emphasis on real estate financing, hospitality, development work, foreclosures, restructurings, and bankruptcies. And we're going to be focusing on foreclosures, restructurings, bankruptcies, and workouts in this particular segment of the program. ...

Recorded on: Feb. 19, 2013

JOSHUA STEIN: OK, thank you everybody, for coming back for the afternoon session. I shouldn't touch the microphone. Sorry about that. That's to wake everybody up. I'm going to be speaking about ground leases because ground leases are a very common ownership structure, particularly in New York, California, Florida, Texas, Maryland, and a few other places, perhaps everywhere. They come up again and again, and a certain set of issues keep coming up again ...

Recorded on: Feb. 19, 2013

JOSHUA STEIN: Ok we're in the final lap for the day. And thank you for coming back for that final lap. We are turning now to the closing process for loans. The due diligence and loan documentation process. And I've asked Jim Carolan to focus on how loan documents work, where some of the problems are, and how you can mess up a commercial loan transaction. He added the concept of rescuing the commercial loan transaction. But that's OK. Jim heads the ...

Recorded on: Feb. 19, 2013

JOSHUA STEIN: OK, we're going to conclude the program today with about an hour on legal ethics. We're pleased to have Pery Krinsky speaking on legal ethics. His practice is devoted exclusively to attorney ethics matters as well as art law ethics, litigation, representing law school students before the committees on character and fitness. And he's chair of the Ethics Committee of the Entertainment, Arts, and Sports Law section of the state bar association. ...

Recorded on: Feb. 19, 2013

JOSHUA STEIN: Our next topic's going to be how a borrower negotiates loan documents. Our speaker is Andy Herz. Andy is a partner at Patterson, Belknap, Webb, and Tyler here in New York City, member of the American College of Real Estate Lawyers, and a lawyer listed in the Best Lawyers in America. Chambers described Andy as quote, "an incredible leasing lawyer, probably the best in the city in terms of leasing. He's not bad on loan documents, ...

Recorded on: Feb. 19, 2013

JOSHUA STEIN: It needs to be cleaned up. On that note, we are going to turn to nondisturbance issues, and issues of how mortgagees look at space leases. And our speaker is Andrea Ascher, who was actually-- weren't you on the very first panel in '97 that I chaired for PLI? And I'm very happy to welcome Andrea back. She is a partner in the New York office of what used to be Schoeman, Updike, and Kaufman, but is now Schoeman, Updike, Kaufman, Stern, ...

Recorded on: Feb. 19, 2013

JOSHUA STEIN: Good morning, everybody. We are reconvening for day two. We're going to focus for the first hour on-- actually it's an hour and 15 minute slot focusing on multiple lender issues. We're going to start off with Mezzanine loans and inter-creditor issues, and then move to A/B loans, Junior/Senior participations. For this segment we are fortunate to have two leading real estate lawyers from New York City and nationally. Our first speaker ...

Recorded on: Feb. 19, 2013

JOSHUA STEIN: --was terrific. Our next speaker is Michelle Kelban, who was a partner if mine at Latham & Watkins. And she's been identified as "a name to note and a skilled and extremely competent lawyer" by Legal 500 US. She specializes in complex real estate financing transactions. And I've asked her to speak about how to get a deal closed. MICHELLE KELBAN: Hi, everybody. I just want to make sure I've got this slide thing down right. ...

From the program: Residential Lending after the Crash: An Update on How Dodd-Frank and the CFPB Have Changed the Rules of Home Loan Origination (Free)

Released on: Feb. 12, 2013

The rules of the road for residential lending have changed dramatically since the crash in 2008 and the subsequent passage of the Dodd-Frank amendments to the Truth-in-Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA).  In this training you will get an in-depth look at what’s new and what’s different, including an update on recent rulemaking by the Consumer Financial Protection Bureau (CFPB).  Regulators ...

Recorded on: Jan. 31, 2013

MAEVE ELISE BROWN: Turn it over to them. LISA SITKIN: Thanks. Good morning. I'll just give a disclaimer that I have the cold that's going around, so I apologize if I sneeze, or cough, or make any weird sounds. So we wanted to start just with a little bit of background and overview. What we're going to try to do today is to familiarize you with where we are now. And where we're going to be in about a year when a lot of the rules we're discussing ...

From the program: Commercial Real Estate Institute (14th Annual)

Released on: Nov. 23, 2012

As commercial real estate slowly recovers from the recession, practitioners will need a broad skill set to achieve and maintain a viable real estate practice. This program helps practicing attorneys enhance traditional transactional skills, and develop workout and enforcement skills, so that they can help their clients regain their footing more quickly. Lecture Topics  [Total time 12:51:20] Segments with an asterisk (*) are available only ...

Recorded on: Jun. 8, 2012

Taken from the Web Program Negotiating Real Estate Deals 2012 Recorded June, 2012 in New York Representing Lenders in a Changed Environment [00:55:27]   What did we learn from the largest real estate bankruptcies ever? Rating Agencies and the new world order. Borrower’s lament:  but why can’t I use my 2007 loan documents? The future of mezzanine debt and multi-tier, multi-party intercreditor agreements.  ...

Recorded on: Jun. 8, 2012

MARTIN D. POLEVOY: Welcome back to the afternoon session of our program. We are very pleased to have with us Richard Fries and Jim Hough to kick off this segment on Distress Loan Work Outs and Lender Liabilities, which will segue very nice into the conversations we had this morning, with Greg Cross, Representing Special Services. Richard, who's my former partner, is the head of the New York Real Estate Practice at Bingham McCutcheon. And Richard ...

Recorded on: Jun. 8, 2012

MARTIN D. POLEVOY: AND we are going to hear from both Ron Sernau Ross Silver, sorry, on negotiating purchase or sale agreements and transactions in 2012 and why things are a little different today in the current environment than they were a few years ago, certainly pre-2008. Ron Sernau is the co-head of Proskauer real estate group here in New York, and has been involved with been many significant transactions during the past 12 months, including ...

Recorded on: Jun. 8, 2012

JONATHAN L. MECHANIC: We have quite entertaining segment of the program. We have the two Steves. Sometimes that's Steve Roth and Steve Ross, and sometimes it's Steve Horowitz and Steve Klein. STEVE D. KLEIN: These are the ones without the money. JONATHAN L. MECHANIC: A little less money. So Steve Horowitz is a partner at Cleary, chair of the real estate group. Steve's practice concentrates on US and international transactions, including mortgage ...

Recorded on: Jun. 8, 2012

MARTIN: Every year, we start off the program with Darcy Stacom who tells us what's happening out there in the event we're not really au courant as to the forces that are affecting real estate transactions. Unfortunately, today, Darcy is stranded in Chicago. But we are very fortunate to have Paul Gillen here today from CB Richard Ellis' institutional sales group to advise us as to what is the current state of the market, and where is the market heading? PAUL ...

Recorded on: Jun. 8, 2012

JONATHAN L. MECHANIC: We're now going to talk about the role of lenders and how that's changed, and we're lucky to have with us two extraordinary tal-- WILLIAM P. MCINERNEY: Now, you're going to learn the real facts. JONATHAN L. MECHANIC: Now we're going to learn the real facts. WILLIAM P. MCINERNEY: Not the special service and not the borrower. The real facts. JONATHAN L. MECHANIC: The real facts. Where we are on lending today. And with that, ...

From the program: Bankruptcy, Mortgages and Foreclosure: What Bankruptcy Can and Can't Do for Borrowers in Distress

Released on: Apr. 12, 2012

In this training you will get an overview of how consumer bankruptcy interacts with mortgage debt and foreclosures.  During the session, practitioners working at the intersection of these two crucial areas in consumer law will provide a basic overview of consumer bankruptcy; share tools for assessing whether bankruptcy might help - or harm - a delinquent borrower; and discuss how bankruptcy can be used to address mortgage ...