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  • A Bi-Monthly Electronic Publication for Section Members
  • FEBRUARY 2008
 

e-CLE on Real Estate Loan Workouts

 

e-CLE on Real Estate Loan Workouts

Negotiating real estate workouts in today’s environment requires both the lender’s counsel and the borrower’s counsel to understand all of the applicable laws and current practices that govern loan defaults and the various remedies available with respect thereto. Through a series of panel discussions and mock negotiations, this e-CLE program will address the current applicable regulatory, lender liability, bankruptcy, tax, and mortgage laws and practices and show how they affect the negotiations and “play out” in the workout documents. The mock negotiations will include forms of, and/or clauses (and alternative language) to insert in, pre-negotiation agreements, workout agreements, and related documents.
This program is divided into 2 stand alone parts, tracing the workout process in chronological order. Part 1 will establish an over-all fact pattern and focus upon the pre-negotiation actions and agreements, the reasons for and against trying to have a workout, the context in which the workout negotiations occur, and the beginning sections of the workout agreement. Part 2 will focus upon the latter sections of the workout agreement, special problems that may arise (such as handling mezzanine loans), and the problems enforcing the workout agreement. The applicable regulatory, lender liability, bankruptcy, tax and other issues will be addressed in the panel discussions and as they come up in negotiating the various provisions of the agreements.
Part 1 of this program is scheduled for April 3, 2008 and part 2 is scheduled for April 23, 2008, both starting at noon. Announcements will be sent shortly and registration is available by contacting the ABA’s Center for CLE at Earnestine.Murphy@americanbar.org


 

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