We’re in that part of the cycle where many of us are focusing on guaranty agreements, which run the full spectrum from full payment and performance guaranties to “bad boy” indemnification agreements (my recent comment). One issue being litigated is the bad boy or recourse event tied to a breach of these types of covenants… Continue Reading
Tag Archives: lessons learned
Collection Plate: Litigation Against Guarantors or Indemnitors Points to Lessons Learned – Tips on Underwriting & Loan Document Terms
Posted in Guaranty Issues, Remedies, Tough Times for Lenders(More on the Collection Plate collection, which focuses on the recovery side of our work – the bottom line, nitty-gritty, work of getting "back" the money.) Our economic eddy is at the stage where law suits against guarantors or indemnitors, on full payment and performance agreements or on "bad-boy" agreements, are reaching final judgment –… Continue Reading
Lessons Learned: Future Loan Documents Should Cover These Topics (part ___)
Posted in Good Times for Lenders, Training, Workout IssuesGame #6 of the World Series (my Rangers v the now World Champion St. Louis Cardinals) gives the Rangers some painful pointers on "where" to improve for 2012: find someone, anyone, who can get a third strike – for the last out in an inning, for a win of the game, for a World Series… Continue Reading
Lessons Learned: Teaching Litigators About Distressed Commercial Real Estate Debt
Posted in Good Times for Lenders, TrainingThrough my years of legal practice, this is a topic that lawyers love to banter about: "we don’t know what we [the law firm] know." This comment is directed at knowledge management between lawyers at law firms. The problem, of course, is that lawyers are horrible at sharing their knowledge with each other. Much has… Continue Reading
Is CRE In Recovery Mode? The Task List Tells Me . . . .
Posted in Good Times for Lenders, Market Trends, TrainingSo, where are we in the "stages" of the current commercial real estate cycle? Near the end? Midway? One way to measure is to examine "what" we’re doing – during our work day. This is not a measure of the market (number of defaults, etc.), but a look at our work – and "how" we… Continue Reading
Capital Market Scoreboard: Selected Topics from the CMSA January Conference
Posted in Good Times for Lenders, Market Trends, Technology (including Green Buildings), Training, Workout IssuesAs noted in my lengthy postings summarizing the recent 2010 CMSA January Conference in DC [Day 1 link; Day 2 link], over 1,000 commercial real estate professionals attended the conference – roughly 2X more than expected. Why this unexpected attendance? Answer: All of us are looking for answers amidst the continuing liquidity problems in the CRE Capital… Continue Reading
Capital Market Scorecard: Day 2 Summary (Part 1 of 2) from the CMSA January Conference (Bonus: Tech Tip – pins & passwords)
Posted in Good Times for Lenders, Market Trends, Technology (including Green Buildings)(When we attend industry conferences, we bring you along by blogging on topics of interest to us, with our comments as a bonus. This is the second in a series of posting relating to, and from, the 2010 CMSA January Conference. [Link to Day 1] Our blogs on other conferences are found [i] under the "Market Trends"… Continue Reading