On-Demand Learning

Real Estate

Financing

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 ...

Recorded on: Feb. 15, 2012

MARC D. YOUNG: Alright. Well, welcome back for the final installment of this morning's program. I'm delighted to introduce Professor Christine Tour-Sarkissian. Professor Tour-Sarkissian is in private practice but also a Adjunct Professor of Law at Golden Gate University Law School, where she has been teaching for the last 16 years. She teaches courses on real estate finance, real estate transactions, and real estate litigation. She has numerous publications ...

Recorded on: Feb. 15, 2012

MARK YOUNG: OK, folks. Why don't we get started? I'm pleased now to introduce to you Danna Kozerski, who is the co-managing partner of the Coblentz, Patch, Duffy, & Bass firm here in San Francisco. Danna engages in a broad range of real estate transactions, including financings, joint venture formations, and leasing and acquisitions and dispositions of real property. She represents both lenders and borrowers in all manner of financings, landlords ...

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. 20, 2013

Taken from the Web Program Commercial Real Estate Financing 2013 Recorded February, 2013 in New York Borrower's Agenda [01:00:49] Pushing Back Against Lender’s Loan Documents Carveout Liability New Pitfalls and Problems in Loan Documents and Structures The purchase price of this segment includes the following article(s) from the Course Handbook available online: The Borrower's Agenda Andrew L. Herz The ...

Recorded on: Feb. 15, 2012

MARC D. YOUNG: All right. Well, we're going to move on to our next panel. And I'm pleased to introduce our next two speakers. Bill Bernfeld is a bankruptcy lawyer at K&L Gates, but his focus for the last 25 years has been on real estate where he advises clients in the areas of financings, workouts, leasing, acquisitions, dispositions, and creditors' rights. Bill is a prolific writer and lecturer on subjects related to real property. He has for ...

Recorded on: Feb. 15, 2012

MARC YOUNG: Well, I am now happy to introduce Kahlil Yearwood, who is an associate with the finance and real estate practice at Dechert. Mr. Yearwood's practice focuses on commercial real estate finance and capital markets. He represents various CMBS lenders, portfolio lenders, loan servicers, subordinate bond buyers, private equity firms, and debt fund managers in transactions involving the origination and structuring of real-estate-related loans. In ...

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: Mar. 29, 2012

MAEVE ELISE BROWN: Other lending abuses, as well. So with that, let me see if there is any other housekeeping stuff. Wonderful panel here this morning. I will introduce them all. And then I will tell you a little bit more about your first speaker. So this morning, we have Sally J. Elkington, Cathy Moran, and Lisa Sitkin, two private practitioners in the bankruptcy arena, and Lisa Sitkin, managing attorney at Housing and Economic Rights Advocates. Sally ...

From the program: Consumer Financial Services Institute 2013 (18th Annual)

Recorded on: Apr. 17, 2013

Taken from the Web Program Consumer Financial Services Institute 2013 (18th Annual) recorded April, 2013 in New York.Lecture Topics  [01:46:18]Fair Lending & Mortgage Litigation  [01:46:18] 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 ...

Recorded on: Jun. 10, 2013

MARTIN D. POLEVOY: Welcome back for the second part of the program. We have with us Richard Fries and Jamie Levitt. Richard Fries is the co-chair of the real estate department of Bingham McCutchen. He represents institutional lenders and owners in distress loan workouts and in restructuring of various financing instruments. Some of his recent transactions included representing lenders in the Carlton House renovation project on Madison Avenue and ...

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. 10, 2013

Taken from the Web Program Negotiating Real Estate Deals 2013 Recorded June, 2013 in New YorkDistressed Loan Workouts and Lender Remedies [00:59:24] Defaults and acceleration Latest trends in loan enforcement Recourse and election of remedies Defenses and lender liability Workout strategies, forbearance agreements and other workout models The purchase price of this segment includes the following article(s) from the Course Handbook available ...

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. 15, 2012

MARC YOUNG: All right, ladies and gentlemen. We're going to resume for our final session of the day. And I'm happy to introduce to you Carol Robertson. Carol's been practicing law for over 30 years, including as a partner at a major San Francisco law firm and as corporate counsel with several San Francisco Bay Area companies, including her current position at the Clorox company. Where she supports the global real estate and facilities group and works ...

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: Mar. 29, 2012

MAEVE ELISE BROWN: Part two of the presentation this morning, "From the Trenches," how bankruptcy courts deal with mortgage debt. Cathy Moran is going to lead on this. And let me tell you a little bit more about her. She's a certified specialist in bankruptcy. She's practiced law in San Francisco since 1978. She's a graduate of Stanford and of Hastings College of Law, was a member of Hastings Law Journal and elected to the Order of the Coif. She ...

Recorded on: Mar. 29, 2012

SPEAKER: Thanks so much. Back to you. MAEVE ELISE BROWN: Great. Thank you very much. OK, we're going to go ahead and resume. And before we climb into the meat of the third hour, I want to get to some more of the questions. Somebody had a question in the audience as the last hour was closing. Sir, do you still have one? Otherwise I'll move to online. AUDIENCE: I just had a question. How does the bankruptcy court have jurisdiction to impose sanctions ...

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. ...

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: 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: 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. 15, 2012

MARC D. YOUNG: Well, it's my pleasure to introduce my friend Sarah Spyksma. Sarah's been practicing for almost 25 years now. And Sarah's practice is a broad-based practice. She represents real estate developers, financial institutions, non-institutional lenders and investors, real estate opportunity funds in a broad range of different real estate transactions, including all manner of financing transactions, joint ventures, preferred equity investments, ...

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 ...