Commercial Real Estate Loan Documentation A-Z

Spot Pitfalls and Negotiate Desirable Terms

When there's hundreds of thousands to millions of dollars at stake, a little caution and negotiation savvy can go a long way. This program will help you understand the ins and outs of different loan options and loan documentation so you know what to look for. Know what's negotiable, what's not, and how to work in favorable terms for your client's benefit. Register today!

• Explore the pros, cons, and pitfalls of different financing options.
• Build your understanding of what various loan documents entail.
• Gain insights to help tip key terms in your client's favor.
• Learn how to effectively negotiate personal guarantees in commercial real estate loan transactions.
• Discover how lenders make underwriting and loan approval decisions.
• Find out how to approach workouts for distressed real estate loans.

Agenda

1. Exploring Key Regulatory Issues and Loan Options
   10:00 - 10:45, Jon S. Robins
   1. Key Regulatory Issues
   2. How Lenders Are Adjusting to the Coronavirus Pandemic
   3. Types of Real Estate Loans
   4. SBA Loans for Real Estate
      1. 7(a) Loans
      2. 504 Loans
   5. Seller Financing and Other Alternatives
2. Loan Documentation Overview (with Sample Documents)
   10:45 - 11:15, David H. Gunning II
   1. Promissory Note
   2. The Loan Agreement
   3. Security Instrument (Mortgage or Deed of Trust)
   4. Assignment of Leases and Rents
   5. Security Agreement and UCC Filings
   6. Environmental and Other Indemnities
   7. Guarantees
   8. Closing Disclosure / Settlement Statements
   9. Closing Instruction Letters
3. Lender vs. Borrower Perspectives: Negotiating Key Sticking Points
   11:30 - 1:00, Jon S. Robins
   1. What to Focus on and What is Off Limits
   2. Economic Terms - Interest Rate, Loan Fees/Points, Term
   3. Conditions
   4. Reps and Warranties
   5. Covenants
   6. Force Majeure / MAC Clauses
   7. Collateral
   8. Prepayment
   9. Depository Relationship
   10. Cross-Default or Cross-Collateralization Provisions
   11. Cure Rights
   12. Catch-All Default
   13. No Confession of Judgment Remedy
   14. Freedom for Distributions, Investment, Estate Planning
4. Guarantees and Indemnities: Protecting Your Client
   1:30 - 2:15, David H. Gunning II
5. Borrower and Due Diligence Documents: What Lenders Look for
   2:15 - 3:00, David H. Gunning II
   1. How Lenders Make Decisions
   2. Borrower/Entity Documents and Claims
   3. Real Property, Improvements and Fixtures Securing the Loan
   4. Title Commitments and Surveys
   5. Third Party Reports (Appraisals, Environmental, Engineering)
   6. Leases and Contracts
   7. Other Due Diligence Documents
6. Loan Workouts and Forbearance Agreements
   3:15 - 4:00, Jon S. Robins
   1. When is the Best Time to Negotiate?
   2. Due Diligence for Lenders
   3. Payment Obligation Modifications
   4. Obtaining Guarantor Consent
   5. Collateral Issues
      1. Identifying Additional Collateral
      2. Modifications to Existing Collateral
   6. Default and Enforcement Provisions
7. Legal Ethics
   4:00 - 5:00, David H. Gunning II
   1. Responsibilities to Sellers and Borrowers
   2. Transactions with Clients and Persons Other Than Clients
   3. Identifying and Avoiding Conflicts of Interest
   4. Client Trust Accounts / IOLTA