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Master the Fundamentals of the Commercial Real Estate Financing Process

Commercial real estate lending requires delicately balancing the risk mitigation requirements of lenders with the business needs of borrowers. Achieving this balance can be especially difficult in today's credit market. As a result, a concrete knowledge of lending documentation, risk evaluation and loan negotiation is essential, not to mention understanding rules and regulations that may seriously affect your clients' loans. Join our experienced faculty for this information-packed overview of commercial real estate financing, so you can confidently guide clients through the financing process - register today!

  • Understand the in's and out's of different types of commercial real estate loans and how they can impact your clients.
  • Ensure all commercial real estate loan documentation is set up in a way that will support a lawsuit if one becomes necessary.
  • Gain valuable insight on the commercial real estate loan underwriting process so you can better predict a borrower's ability to obtain financing.
  • Confidently negotiate the financial and business elements of commercial loan documents, and ensure they adequately represent your clients' interests.
  • Ethically represent your clients in all aspects of commercial real estate loan transactions.

  1. Types of Commercial Real Estate Loans and How They Can Benefit - or Hinder - Your Clients
    9:00 - 10:15, Andrew M. Baron
    1. Purchase Money (Acquisition)
    2. Refinance
    3. Construction
    4. Mezzanine Financing
    5. Bridge (Interim)
    6. Wrap Around Loans
    7. ABL Agreements
    8. Syndication/Securitization
    9. Sale-Leaseback Transactions
    10. Alternatives to Traditional Financing
  2. Commercial Loan Underwriting Essentials Attorneys Need to Know
    10:30 - 11:40, Thomas Miller
    1. How Lenders Evaluate Risk
      1. Borrower's Ability to Repay
      2. Nature and Value of Collateral
      3. Borrower's Track Record/Resume
      4. Guaranties - Individual and Corporate
      5. Risks in the Collateral
    2. The Mathematics of Underwriting
      1. Loan to Value Ratio
      2. Debt Service Coverage Ratio
      3. Valuation Issues
      4. Cap Rates
      5. Other Financial Covenants
    3. Other Underwriting Issues You Need to Know
  3. Commercial Real Estate Loan Documentation: A Step-by-Step Guide with Sample Forms and Documents
    11:40 - 1:00, Douglas J. Ehrenworth
    1. Loan Timing: Overcoming Hurdles
    2. Application and Initial Inquiry Forms
    3. Promissory Note
    4. Security Instrument (Mortgage or Deed of Trust)
    5. Assignment of Leases and Rents
    6. Security Agreement and UCC Filings
    7. Environmental Indemnity
    8. Personal and Nonrecourse Carve-Out Guaranties: Understanding the Risks
    9. Other Common Documentation
  4. Negotiating the Financial, Business and Legal Aspects of Commercial Real Estate Loans: Avoiding Critical Pitfalls
    2:00 - 3:15, Andrew M. Baron
    1. Objectives of Borrowers and Lenders
    2. The Right Time to Negotiate: Loan Application vs. Letter of Intent
    3. Negotiating Financial Elements
      1. Interest Rates and Amortization
      2. Prepayment and Late Payment Terms
      3. Default Provisions, Default Interest and Late Charges
      4. Recourse and Guaranties
      5. Other Essential Elements
    4. Negotiating Business and Legal Provisions
      1. Representations and Warranties
      2. Transfer and Assignment Issues
      3. Indemnities: General and Environmental
      4. Title Insurance Requirements and Endorsements
      5. Anticipating Tenant Turnover
      6. Replacement of Capital Assets
      7. Post-Closing Covenants
      8. Casualty, Destruction, Condemnation and Use of Proceeds
      9. Other Key Provisions
  5. Ethical Issues Facing Real Estate and Finance Attorneys
    3:30 - 4:30, Douglas J. Ehrenworth
    1. Duties to Clients
    2. Appearance of Impropriety
    3. Duties to 3rd Parties
    4. Duty of Civility and Professionalism: Balancing Your Role as Negotiator and Advocate

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