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Who should attend Commercial Real Estate Workouts: From Forbearance To Foreclosure And Bankruptcy
This one-day seminar is designed for attorneys, presidents, vice presidents, loan officers, collections managers, paralegals and real estate professionals.
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Commercial Real Estate Workouts: From Forbearance To Foreclosure And Bankruptcy  

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This one-day seminar is designed for attorneys, presidents, vice presidents, loan officers, collections managers, paralegals and real estate professionals.

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Seminar Summary:

This program will focus on issues relating to mortgage foreclosures. (see full course description)

 
 

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Training Course Syllabus:


This program will focus on issues relating to mortgage foreclosures. The program will review practical foreclosure techniques for the lender and for the practitioner. In addition, issues regarding bankruptcy and foreclosure will be addressed, as well as issues regarding proper procedures to collect debts from borrowers and potential claims against lenders in the course of their recovery of security for the debt.

Seminar highlights:

  • Initial assessment and formulating an action plan
  • Forbearance agreement
  • Deed in lieu of foreclosure
  • Judicial foreclosure
  • Receiverships

Learning objectives:

  • The attendee will be able to discuss potential resolutions of a problem real estate loan.
  • The attendee will be able to identify elements of agreements.
  • The attendee will be able to review the automatic stay.

9:00 a.m. - 10:30 a.m.

I. Initial Assessment And Formulating An Action Plan

A. Potential Resolutions Of A Problem Real Estate Loan

B. Essential 'Due Diligence' Items For The Assessment

C. Assessment Of The Loan File And Other Documents

D. Formulating The Lender's Action Plan

II. Forbearance Agreement

A. Advantages

B. Disadvantages

C. Elements Of A (Good) Forbearance Agreement

1. Essential Elements For The Lender

2. Matters Of Negotiation

D. Practice Tips And Pitfalls

10:30 a.m. - 10:45 a.m.

Break

10:45 a.m. - 12:00 p.m.

III. Deed In Lieu Of Foreclosure

A. Elements Of A (Good) Deed In Lieu Agreement

1. Essential Elements For The Lender

2. Matters Of Negotiation

B. Practice Tips And Pitfalls

IV. Foreclosure By Advertisement

A. Advantages

B. Disadvantages

C. Statutory Requirements And Bid Procedures

D. Practice Tips And Pitfalls

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 2:30 p.m.

V. Judicial Foreclosure

A. Advantages

B. Disadvantages

C. Procedure

1. Complaint And Notice Of Lis Pendens

2. Judgment

3. Sale Procedures

4. Order Confirming Sale

D. Practice Tips And Pitfalls

VI. Receiverships

A. When Appropriate

B. Legal Basis

1. General Equitable Principles

2. Statutory Waste

3. Construction Lien Act

C. Practice Tips And Pitfalls

2:30 p.m. - 2:45 p.m.

Break

2:45 p.m. - 4:30 p.m.

VII. The Impact Of Bankruptcy On Commercial Real Estate: Automatic Stay Issues, Lease Issues, Assignment Of Rents And Single Asset Real Estate

A. Overview Of Chapters 7 And 11

B. The Automatic Stay

1. Property Of The Estate

2. Acts In Violation Of The Stay

C. Relief From The Automatic Stay

D. Cash Collateral – Rents And Other Receipts And Assignment Of Rents

E. Impact On Redemption Rights And Tolling

F. Special Provisions Relating To 'Single Asset Real Estate' Entities

Seminar Summary:

This program will focus on issues relating to mortgage foreclosures. (see full course description)

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