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New Laws, Rules and Regulations Relating to Mortgage Origination, Part I and II

Transcripts  Transcripts    

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 ...

Program Overview and Introductions

Transcripts  Transcripts    

Recorded on: Jan. 31, 2013

SPEAKER 1: Now it's my pleasure to introduce you to the chair of the program today, Miss Maeve Elise Brown. I need to go through a quick profile. MAEVE ELISE BROWN: Thank you. Great. SPEAKER 1: I'll go through a quick, a quick bio. MAEVE ELISE BROWN: Please. SPEAKER 1: Maeve Elise is the Executive Director and the Founder of the Housing and Economic Rights Advocates, HERA, where she manages operations, supervises staff, and participates in the ...

Getting to Know Your New Best Friends Fannie and Freddie

Transcripts  Transcripts    

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 ...

Junior/Senior Participations (A/B Loans); Mezzanine Loans; Intercreditor Issues

Transcripts  Transcripts    

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 ...

Working Out the Troubled Loan

Transcripts  Transcripts    

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. ...

Ethics in Commercial Real Estate Financing

Transcripts  Transcripts    

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. ...

Getting the Deal Closed

Transcripts  Transcripts    

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. ...

How Lenders Look at Leases; Nondistrubance Agreements

Transcripts  Transcripts    

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, ...

Interest Rate Protection in Commercial Real Estate Loans

Transcripts  Transcripts    

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, ...

Borrower's Agenda

Transcripts  Transcripts    

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, ...

Drilling Down on the Documents - The Ten Easiest Ways to Mess UP

Transcripts  Transcripts    

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 ...

Evolving Deal Structures and Documentation for Securitized Loans

Transcripts  Transcripts    

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 ...

Leasehold Mortgages; Ground Lease Issues

Transcripts  Transcripts    

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 ...

State of the Commercial Real Estate Finance Market; Overview of Securitization Today

Transcripts  Transcripts    

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 ...

Opening Remarks and Introduction

Transcripts  Transcripts    

Recorded on: Feb. 19, 2013

MEGHAN K. CARNEY: It is now my pleasure to introduce to you the chair of today's program, Joshua Stein. Joshua, the sole principal of Joshua Stein, PLLC, handles substantial development work, real estate acquisitions, loans, ground leases, space leases, and hotel transactions. International Who's Who of Business Lawyers Real Estate has, for the last few years, identified Joshua as one of the 10 most highly regarded individuals among real estate lawyers ...

Consumer Financial Services Institute 2013 (18th Annual) -- Fair Lending & Mortgage Litigation

Web Segment  Web Segment    

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 ...

New Developments in Residential Loan Servicing: State, Federal and Programmatic Laws, Regulations and Standards 2013 (Free)

On-Demand Web Programs  On-Demand Web Programs    Web Segment  Web Segment    

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 ...

Distressed Loan Workouts and Lender Remedies

Transcripts  Transcripts    

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 ...

Recent Trends in Real Estate Lending: 2013 Edition

Transcripts  Transcripts    

Recorded on: Jun. 10, 2013

JONATHAN L. MECHANIC: The next part of the program, we're going to be talking to you about lending and things we're seeing in the lending market, today. We have, with us, two friends and outstanding members of the bar, Lou Hait, who is a partner at Kaye Scholer, who I've had the opportunity to spend a lot of quality time with this past year. And Lou has been very active in some of the major loan transactions in New York, little properties like a ...

JV's - Domestic and Global Perspectives

Transcripts  Transcripts    

Recorded on: Oct. 1, 2013

ROBYN BANKER: OK, coming back from our break we will move into our next topic, which is joint ventures in construction. Today, we have Steve Wilner, who is a partner at Cleary Gottlieb Steen and Hamilton LLP, based in the New York office. Mr. Wilner's practice focuses on financial and corporate matters, ranging from global real estate acquisitions, dispositions, development, and finance, to international mergers and acquisitions and restructurings, ...

Commercial Real Estate Institute 2013 (15th Annual)

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From the program: Commercial Real Estate Institute (15th Annual)

Released on: Nov. 19, 2013

Commercial real estate fundamentals (rents, vacancy rates and development activity), although slow, are visibly recovering with REITs outperforming other asset classes. Practitioners with a broad skill set will find it easier to achieve and maintain a viable real estate practice in this environment, given the general economy’s downward pressures on tenant retention, rental growth, development revenue, refinancing and asset values. This program helps ...

Featured Faculty/Authors
Michael T. Fishman

Michael T. Fishman ~ Greenberg Traurig LLP

Rebecca S. Eisner

Rebecca S. Eisner ~ Mayer Brown LLP

Tamar Kraft-Stolar

Tamar Kraft-Stolar ~ Director, Women in Prison Project, Correctional Association of New York