On-Demand   On-Demand Web Programs

Commercial Real Estate Financing 2017

Released on: Apr. 18, 2017
Running Time: 12:28:39

This year’s seminar will explore topics in commercial real estate financing that will be of interest to both seasoned practitioners as well as those still building their knowledge base. Our faculty of experienced attorneys, in conjunction with non-attorney real estate professionals, will discuss, among other topics, (i) the state of the real estate market and who is providing capital; (ii) what lending lawyers should know about leases, estoppels and SNDAs; (iii) the latest developments in real estate finance opinion practice; (iv) what a real estate lawyer should know about UCC practice; (v) the latest title endorsements and survey standards, (vi) typical issues that come up during the loan closing process; and (vii) the litigator’s perspective on loan documents and current cases. We will explore “hot button” issues frequently negotiated in traditional mortgage financing documentation, such as non-recourse carve-outs, partial guaranties, new regulatory requirements for acquisition and construction loans, and common and not-so-common problems with UCC-1 financing statements. The program will also feature a discussion of malpractice issues, providing an hour of professional responsibility credit.

You will learn:

  • The state of the commercial mortgage financing market
  • New rules on “High Volatility Commercial Real Estate Loans”
  • What lending lawyers should know about leases, estoppels and SNDAs (Chicago only)
  • Title insurance coverage and endorsements and the 2016 survey standards
  • Title coinsurance and reinsurance
  • How completion guaranties work
  • Lessons learned on nonrecourse carve-outs and single-purpose entity covenants
  • The litigator’s perspective on loan documents to help you improve your drafting and prepare for the inevitable cycle of workouts that follows a real estate boom
  • How to prevent malpractice in loan closings
  • Legal opinion negotiations
  • Best practices for UCC filings
  • Learning to live with the rating agencies and how to solve problems

Special Features:

  • Earn one hour of Ethics credits

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


Lecture Topics [Total time 12:28:39]

Segments with an asterisk (*) are available only with the purchase of the entire program.


  • Opening Remarks and Introduction* [00:03:43]
    Joshua Stein
  • State of the Commercial Real Estate Finance Market [01:05:42]
    Robert J. Hellman
  • Loan Documents and the Closing Process (Lender’s Counsel) [01:01:34]
    Michael A. Rosenberg
  • Loan Agreements and How to Make Them Work Better [01:00:48]
    Kenneth A. Adams
  • Opinions of Counsel [01:00:55]
    Gregory P. Pressman
  • UCC Security Interests [01:00:30]
    R. Marshall Grodner
  • Title and Survey [00:59:35]
    Marvin N. Bagwell
  • Borrower Structure [01:15:21]
    Thomas D. Kearns
  • Guaranties [00:59:06]
    Barry A. Hines
  • Borrower Negotiations [01:00:28]
    Michelle V. Kelban
  • The Rating Agencies [01:00:05]
    Barry A. Hines, Jeffrey W. O'Neale, Daniel B. Rubock
  • Loan Documents: The Litigator’s Point of View [01:00:31]
    Matthew D. Parrott
  • Malpractice Prevention in Commercial Real Estate Financing (Legal Ethics) [01:00:21]
    Nancy Ann Connery, Gregory P. Pressman, Deborah A. Scalise

The purchase price of this Web Program includes the following articles from the Course Handbook available online:


  • COMPLETE COURSE HANDBOOK
  • Commercial Real Estate Finance 2017: A Year of Living Uncertainly
    Robert J. Hellman
  • Legal Closing Checklist
    Melissa Schmucker Vandewater
  • Loan Documents and the Closing Process
    Michael A. Rosenberg
  • Leases, Tenants, Estoppels and SNDAs
    Ruth A. Schoenmeyer
  • Know Your Enemy: Sources of Uncertain Meaning in Contracts, Michigan Bar Journal (October 2016)
    Kenneth A. Adams
  • Third Party Real Estate Legal Opinion Practice: A Deeper Dive Into Selected Third-Party Opinion Letter Practice Issues
    Kenneth M. Jacobson
  • Issues Facing the Mortgage Loan Opinion Giver
    Gregory P. Pressman
  • Mortgage Loan Opinion Due Diligence Checklist
    Gregory P. Pressman
  • Model Mortgage Loan Opinion
    Gregory P. Pressman
  • Form Opinion for Real Estate Finance Transaction
    Gregory P. Pressman
  • Draft of Statement of Opinion Practices (January 5, 2017)
    Gregory P. Pressman
  • Model Opinion of Counsel
    Joshua Stein
  • The Uniform Commercial Code for Dirt Lawyers
    R. Marshall Grodner
  • UCC Security Interests (PowerPoint slides)
    Jonathan M. Cooper
  • Security Interests in Limited Liability Companies
    Joshua Stein, Larry Safran
  • Title and Survey
    Marvin N. Bagwell
  • What’s Market for Real Estate Joint Ventures
    Thomas D. Kearns
  • Checklist for Non-Consolidation Opinions
    Thomas D. Kearns
  • Checklist—LLC Issues in Secured Real Estate Lending
    Thomas D. Kearns
  • Commercial Real Estate Owner Organizational Charts Over the Years (PowerPoint slides)
    Thomas D. Kearns
  • Guaranties in Commercial Real Estate Loan Transactions
    Michael S. Kurtzon
  • “The Main Course Is…Recourse”—Guaranty Agreements in Commercial Real Estate Financing
    Joe M. Doran, Barry A. Hines
  • Borrower Negotiations—Loan Transactions
    M. Christine Graff
  • A Complete Guide to Loan Document Negotiations (January 30, 2017)
    Joshua Stein, Michelle V. Kelban
  • SNDAs and Subordinate Ground Leases
    Barry A. Hines
  • DBRS, North American CMBS Rating Methodology (January 2017)
    Erin E. Stafford
  • Credit Neutral Servicing Agreements Exclude Borrower-Related Parties from Exercising Servicing and Control Rights (January 7, 2016)
    Daniel B. Rubock
  • The Top Two Ground Lease Financing Flaws: Deficient “New Lease” Clauses and Superior Fee Mortgages (January 6, 2016)
    Daniel B. Rubock
  • Credit Neutral Servicing Agreements Account for Hope Notes (June 21, 2016)
    Daniel B. Rubock
  • Vertical Interest Transaction Structure Designed to Satisfy the Credit Risk Retention Requirements Is Credit Neutral (August 22, 2016)
    Daniel B. Rubock
  • Addressing Legal Nonconforming Uses in a Nonrecourse Setting
    Jeffrey W. O'Neale
  • Issues in Commercial Real Estate Finance: The Litigator’s Point of View
    Janice Mac Avoy, Justin J. Santolli
  • Courtesy, Professionalism and Ethics: E-Mail, the Internet and Computers
    Nancy Ann Connery

Presentation Material


  • State of the Commercial Real Estate Financing Market
    Robert J. Hellman
  • Loan Documents and the Closing Process (Lender's Counsel)
    Michael A. Rosenberg
  • The Categories of Contract Language
    Kenneth A. Adams
  • Anatomy of an Opinion
    Gregory P. Pressman
  • Uniform Commercial Code for DIRT Lawyers
    R. Marshall Grodner
  • Borrower Structure
    Thomas D. Kearns
  • Guaranty Agreements in Commercial Real Estate Financing
    Barry A. Hines
  • A Complete Guide to Loan Document Negotiations
    Michelle V. Kelban
  • CMBS Criteria
    Barry A. Hines, Jeffrey W. O'Neale, Daniel B. Rubock
  • Avoiding Misconduct in Commercial Real Estate Financing
    Nancy Ann Connery
  • Ethics Resources 2017
    Deborah A. Scalise
  • Real Estate Ethics Update 2017
    Deborah A. Scalise
  • Things to Do or Think About to Avoid Mistakes
    Gregory P. Pressman
Chairperson(s)
Joshua Stein ~ Joshua Stein PLLC
Speaker(s)
Kenneth A. Adams ~ Adams on Contract Drafting
Marvin N. Bagwell ~ Vice President and Chief New York State Counsel, Old Republic National Title Insurance Company
Nancy Ann Connery ~ Schoeman Updike Kaufman & Gerber LLP
R. Marshall Grodner ~ McGlinchey Stafford PLLC
Robert J. Hellman ~ Managing Director - Head of Asset Management and COO, Pembrook Capital Management, LLC
Barry A. Hines ~ Frost Brown Todd LLC
Thomas D. Kearns ~ Olshan Frome Wolosky LLP
Michelle V. Kelban ~ Latham & Watkins LLP
Jeffrey W. O'Neale ~ Alston & Bird LLP
Matthew D. Parrott ~ Katten Muchin Rosenman LLP
Gregory P. Pressman ~ Schulte Roth & Zabel LLP
Michael A. Rosenberg ~ Cassin & Cassin LLP
Daniel B. Rubock ~ Senior Vice President, Moody's Investors Service, Inc.
Deborah A. Scalise ~ Scalise & Hamilton LLP
General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.

PLI’s live and on-demand webcasts are single-user license products intended for an individual registrant only. Credit will be issued only to the individual registered.


U.S. MCLE States

Alabama:  PLI’s on-demand web programs qualify as “online” credit. Attorneys are limited to 6 credits of online programs per reporting period.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s on-demand web programs qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s on-demand web programs are not approved for Arkansas CLE credit.

California:  PLI’s on-demand web programs qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s on-demand web programs qualify as “eCLE” credit. Attorneys are limited to 12 credits of eCLE per reporting period, no more than 6 of which may be audio-only.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s on-demand web programs qualify as “in-house” credit. Attorneys are limited to 6 in-house credits per reporting period.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 15 credits of self-study per reporting period.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s on-demand web programs qualify as “distance education” credit. Attorneys are limited to 9 credits of distance education per reporting period.

Iowa:  PLI’s on-demand web programs qualify as “unmoderated” credit. Attorneys are limited to 6 credits of unmoderated programs per reporting period.

Kansas:  PLI’s on-demand web programs qualify as “prerecorded” credit. Attorneys are limited to 6 credits of prerecorded programs per reporting period.

Kentucky:  PLI’s on-demand web programs qualify as “non-live” credit. Attorneys are limited to 6 non-live credits per reporting period.

Louisiana:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

Maine:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 5.5 credits of self-study per reporting period.

Minnesota:  PLI’s on-demand web programs qualify as “on-demand” credit. Attorneys are limited to 15 on-demand credits per reporting period.

Mississippi:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 6 credits of self-study per reporting period.

Montana:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 5 credits of self-study per reporting period.

Nebraska:  PLI’s on-demand web programs qualify as “computer-based learning” credit. Attorneys are limited to 5 credits of computer-based learning per reporting period.

Nevada:  PLI’s on-demand web programs qualify as “self-study” credit. There is no limit to the number of credits an attorney can earn via self-study programs.

New Hampshire:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 6 credits of self-study per reporting period.

New Jersey:  PLI’s on-demand web programs qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional on-demand web programs can be used to fulfill the requirements for New York newly admitted attorneys. Only professional practice and law practice management credits may be earned via transitional on-demand web programs. Ethics and skills credits may not be earned via on-demand web programs.

North Carolina:  PLI’s on-demand web programs qualify as “online” credit. Attorneys are limited to 6 credits of online programs per reporting period.

North Dakota:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 15 credits of self-study per reporting period.

Ohio:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Oklahoma:  PLI’s on-demand web programs qualify as “online, on-demand” credit. Attorneys are limited to 6 credits of online, on-demand programs per reporting period.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Puerto Rico:  PLI’s on-demand web programs qualify as “non-traditional” credit. Attorneys are limited to 8 credits of non-traditional programs per reporting period.

Rhode Island:  PLI’s on-demand web programs qualify as “on-demand” credit. Attorneys are limited to 3 on-demand credits per reporting period.

South Carolina:  PLI’s on-demand web programs qualify as “alternatively delivered” credit. Attorneys are limited to 6 credits of alternatively delivered programs per reporting period.

Tennessee:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 8 credits of distance learning per reporting period.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 10 credits of self-study per reporting period.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s on-demand web programs qualify as “pre-recorded” credit. Attorneys are limited to 8 credits of pre-recorded programs per reporting period.

Washington:  PLI’s on-demand web programs qualify as “A/V” credit. Attorneys are limited to 22.5 credits of A/V programs per reporting period.

West Virginia:  PLI’s on-demand web programs qualify as “online” credit. Attorneys are limited to 12 credits of online instruction per reporting period.

Wisconsin:  PLI’s on-demand web programs qualify as “repeated, on-demand” credit. Attorneys are limited to 15 credits of repeated, on-demand programs per reporting period. No ethics credits can be earned via on-demand web programs.

Wyoming:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 6 credits of self-study per reporting period.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s on-demand web programs are not eligible for CPD-BC credit unless viewed with at least one other attorney or an articled student. In this case, the credit must be recorded as a “study group.”

Ontario (CPD-ON):  PLI’s on-demand web programs qualify as “recorded” credit. If viewed without a colleague, attorneys are limited to 6 credits of recorded programs per year. If viewed with at least one colleague, there is no limit to the number of credits that can be earned via recorded programs.

Quebec (CPD-QC):  PLI’s on-demand web programs can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s on-demand web programs are not approved for CPD-HK credit.

United Kingdom (CPD-UK):  PLI’s on-demand web programs can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s on-demand web programs may fulfill Australia’s CPD requirements. Credit limits for on-demand web programs vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  Select on-demand web programs qualify as “QAS Self-Study” credit. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE):  PLI’s on-demand web programs may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s on-demand web programs may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s on-demand web programs may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s on-demand web programs may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s on-demand web programs qualify as "self-paced" credit. SHRM professionals are limited to 30 credits of self-paced programs per recertification period.

Compliance Certification Board (CCB):  PLI’s on-demand web programs qualify as “self-study” credit. Candidates are limited to 10 self-study credits per 12-month period, and certification holders are limited to 20 self-study credits per 2-year renewal period.

Certified Anti-Money Laundering Specialists Certification (CAMS):  PLI’s on-demand web programs are not approved for CAMS credit.

New York State Social Worker Continuing Education (SW CPE):  PLI’s on-demand web programs are not approved for SW CPE credit.

American Bankers Association Professional Certification (ABA):  PLI’s on-demand web programs may fulfill ABA credit requirements.

 

Related Items

Live Programs  Live Programs

Commercial Real Estate Financing 2018 (Chicago, IL) Apr. 19 - 20, 2018
Commercial Real Estate Financing 2018 (New York, NY) Apr. 10 - 11, 2018

Handbook  Course Handbook Archive

Commercial Real Estate Financing 2018  
Commercial Real Estate Financing 2017 Steven R Davidson, Dentons US LLP
Joshua Stein, Joshua Stein PLLC
Everett S Ward, Quarles & Brady LLP
 
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