Overview
When a commercial mortgage loan becomes troubled, even before it goes into default, the parties must quickly confront a number of issues. For the lender, it is imperative that it conduct a due diligence review of its file, the loan and the collateral as soon as possible. Should the default not be cured or the parties not be able to restructure the loan, the lender faces the options of foreclosing on the property, taking a deed in lieu of foreclosure or exercising other remedies that may be available to it. But these steps pose additional concerns that the lender must address, including potential lender liability claims. In addition, the borrower may file for bankruptcy at any time. And as more and more people are looking for ways to profit from the commercial real estate downturn, potential buyers may be interested in the loan or the property. This OnDemand Webinar will help all parties - the lender, the borrower and the potential buyer - understand the issues that exist at each stage of the process. The advantages and disadvantages of each approach, as well as the potential dangers will be discussed. Learn how to avoid problems and maximize your leverage.
Authors
Anthony L. Frink, Frank Keldermans, Holland & Knight LLP
Self Study Credit - OnDemand Webinar
| CBC | 0.5 | | |
| CLE | 1 | PA | |
| CLE | 1.25 | AK, AZ, CA, IL, NC, ND, OR, VT | |
| CLE | 1.48 | SC, TN | |
| CLE | 1.5 | MS, MT, NY, WA | |
| CLE | 1.7 | AL | |
| CLE | 1.8 | MO, WV | |
Self Study Credit - CD & Reference Manual
| CLE | 1.5 | AK, AZ, CA, GA, ME, MT, ND, NV, NY, OR, UT, VT, WA | |
| CLE | 1.8 | MO, WV | |
| CLE | 2 | CO | |
Self Study Credit - Podcast
| CLE | 1.5 | AK, CA, ME, MT, ND, NV | |
| CLE | 1.8 | MO, WV | |
Agenda
Pre-Foreclosure
- Pre-Negotiation Agreement
- Update Due Diligence and Review Loan File
- Defenses and Lender Liability Issues
- Tax Issues
- Alternatives to Foreclosure
- Notice of Default and Acceleration
- Bankruptcy
During Foreclosure
- Election of Remedies
- Minutes of Foreclosure and Title Commitment
- Filing Complaint and Notice of Default
- Appointment of Receiver or Mortgagee in Possession - Activation of Assignment of Rents
- One-Action and Antideficiency Statutes
- Redemption Periods
Post-Foreclosure
- Title Insurance Issues
- Rights of Appeal
- Bankruptcy
