Commercial Real Estate Loan Defaults, Workouts and Foreclosures

Learn how to advise clients who are in default or underwater on their commercial real estate loans or who have guaranteed a troubled loan. Get an overview of the real estate workout process and an understanding of the legal and practical issues arising from a distressed real property loan.

Find out:

How California's anti-deficiency laws dictate strategy 

How to enjoin a foreclosure, both temporarily and permanently 

Whether a deed in lieu of foreclosure is a preferable option 

Tactics and strategies for borrowers in proposing your workout package to lenders 

How to take advantage of the recent joint policy statement on prudent commercial real estate ("CRE") loan workouts issued by the federal regulators 

When to consider a strategic default and what the consequences may be 

Program Highlights

Foreclosure: practical and legal concerns 

lender liability and antideficiency issues 

judicial and trustee sale foreclosure procedures 

rights and obligations of guarantors, receivers, and tenants 

federal and state tax issues 

Workouts: restructuring alternatives 

breaking the negotiation ice 

pre-negotiation agreements 

forbearance agreements, commitments and workouts 

preserving the borrower's options 

deeds in lieu 

Strategic defaults: do they make sense? 

recourse vs. nonrecourse debt 

what are the consequences 

federal and state tax issues