Overlooked by the recent focus on health care reform, and now by the financial reform bills (see my recent blog posts, is draft legislation prepared by Representative Minnick(D-Idaho). Known as "The Community Bank and Commercial Real Estate Stabilization Act of 2010," his draft legislation has circulated on the Hill but has NOT been introduced into… Continue Reading
Tag Archives: REO
Dealing With Commercial Leases After Taking Title: Tips On E-Mail and Oral Communication
Posted in Good Times for Lenders, Tough Times for Lenders, TrainingRecently Laura Sims and I (ok, 99% Laura and 1% me) co-presented a seminar on distressed commercial leases with an in-house counsel at a very, very large life insurance company (and pension advisor). This question came up during the presentation: do you have any tips on e-mail and oral communication with the tenant, as the… Continue Reading
Listing of Key Aspects of REO Sales Contracts – the Seller’s Perspective
Posted in FAQs, Market Trends, Tough Times for Lenders, TrainingWith more banks and CMBS loan servicers taking title to CRE (via foreclosure and deed in lieu of foreclosure), the amount of REO (or real estate owned) has grown – and will continue to grow and grow as CRE defaults escalate. Most REO sellers have regulatory or contractual limitations on the time periods that they can continue… Continue Reading
Understanding Differences Between a Syndicated Loan & Participated Loan is Crucial When It Turns Bad
Posted in Good Times for Lenders, Tough Times for Lenders, Training, Workout IssuesAs I’ve noted previously [link to due diligence topics], one big difference between the current commercial real estate melt down and the last big one (in the late 80s) is the amount or level of “structure” in the deals. Like the last time, the debtor\borrower side is “structured” (with a multi-tier borrower and perhaps even a “single… Continue Reading
Webcast: Investing in Distressed Assets
Posted in Market Trends, Tough Times for Lenders, TrainingEvery downturn and recovery offer opportunities for investors to adapt and respond to changing economic conditions. Today’s climate requires investors to look for commercial real estate opportunities in new and challenging ways. Investing in distressed assets presents investors with one opportunity for growth as market conditions improve. Winstead PC and Cohen Financial hosted a webinar… Continue Reading
Investing in Distressed Assets – Webinar, October 7
Posted in Market Trends, Tough Times for Lenders, Training, Workout IssuesPeriodically, we alert you of opportunities to participate in online webinars on various topics—from the "comfort" of your own computer. No travel. No hassle. On Wednesday, October 7, Cohen Financial and Winstead PC are hosting a webinar on investing in distressed assets. Every downturn and recovery offer opportunities for investors to adapt and respond to changing economic… Continue Reading
More on That Ticking Sound: Don’t Forget to Obtain or Verify Insurance Coverage
Posted in Good Times for Lenders, Insurance & Environmental RisksHere’s another topic from our "ticking sound" series covering insurance issues and environmental issues: The subject of insurance for foreclosed properties doesn’t seem to come up very often, most likely because there are so many other more pressing problems to worry about. But failing to ensure that the property has adequate insurance – not just "trendy" coverage like environmental… Continue Reading
More on That Ticking Sound: ADR Clauses and Liability Insurance
Posted in Good Times for Lenders, Insurance & Environmental RisksInsurance issues often are overlooked in the context of a workout or a foreclosure. (Recall our other posting(s) covering title insurance.) So, here’s another topic from our "ticking sound" series covering insurance issues . . . . Many real estate and construction contracts now include detailed alternative dispute resolution ["ADR"] clauses stipulating that the parties… Continue Reading