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Provided by: Lorman Education Services Commercial Real Estate Finance in Challenging Times |
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8:00 am - 8:30 am Registration
8:30 am - 9:30 am Negotiating the Commitment - Borrower's Perspective
- Kathleen J. Hopkins
9:30 am - 10:30 am Basics in Loan Documents
- Kathleen J. Hopkins
- Note
- Deed of Trust
- Guaranty
10:30 am - 10:40 am Break
10:40 am - 11:30 am Borrower's Counsel's Legal Opinions
- John D. Sullivan
- Risks of Giving Legal Opinions
- Ethical Considerations in Giving Third-Party Opinions
- Appropriate and Inappropriate Types of Opinions
- Due Diligence
- Assumptions and Qualifications
11:30 am - 12:20 pm Ancillary Closing Documents and Issues
- John D. Sullivan
- Tenant Leases
- Estoppel Certificates
- Subordination, Nondisturbance and Attornment Agreements
- Financial Holdbacks
12:20 pm - 1:20 pm Lunch (On Your Own)
1:20 pm - 2:20 pm The Challenges Ahead in Residential Real Estate Development: The Borrower's Perspective
- James L. Day
- Events Leading to Crisis in Residential Real Estate Market
- Circumstances Faced by Typical Homebuilder or Developer Today
- Workout Issues and Challenges
- Potential Workout Options
- Issues in Chapter 11
- Final Thoughts
2:20 pm - 2:30 pm Break
2:30 pm - 3:30 pm A Lender's Exercise Regime: Working Out Every Day
- Michael F. Schumacher
- Preparation, Strategy, Pre-Workout Letters
- Workout Review, Including 10 Most Common Workouts
- Subtle Considerations in Foreclosing on Cross-Collateralized Debt
- Forbearance Agreements in Detail
- Deeds in Lieu in Detail
- Lender Liability, Including 10 Commandments to Avoid Liability
3:30 pm - 4:30 pm Bankruptcy - Calamity to Lenders; Panacea to Borrowers?
- Joanne K. Lipson
- When Borrowers Can Find a Haven in Chapter 11
- Tools for Lenders and Borrowers in Chapter 11
- Strategies and Negotiations in Plan Formulation and Confirmation

