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Tag Archives: negotiation agreement

Hide and Seek: Service of Process as a New Loan Provision

By Keith Mullen on Posted in Good Times for Lenders, Remedies, Training, Workout Issues

Lenders are refreshing their mortgage loan documents with provisions based on the “lessons learned” during the recent (continuing?) economic experience.  One change is to add a service of process provision. The change is based on this basic lesson learned: when the tough times hit, borrowers and guarantors sometimes are hard to find. A few simply… Continue Reading

Tenants In Common Under Stress: Structure (Multiple Owners) = Major Point of Pain

By Keith Mullen on Posted in Remedies, Tough Times for Lenders, Training, Workout Issues

A restructure of any commercial real estate investment (debt or equity) can be challenging.  As usual, the challenge is compounded by the amount of "structure" in the deal – from either or both of the debt or the equity positions.   I’ve touched on structure from the lender or debt side (i.e., co-lenders, syndications, participations,… Continue Reading

Tips On Negotiation Agreements & Fireworks: Putting One Into Place & Keeping It In Place

By Keith Mullen on Posted in Tough Times for Lenders, Training, Workout Issues

Negotiation letters (some times referred to as "discussion letters") are put into place so that parties to a distressed investment can discuss possible resolutions to the situation – without the content of the discussions being "used" against any party.  (Link to a series of blogs on the content of this type of agreement.) But remember… Continue Reading

Negotiation Agreements: What About Waivers of Claims & Defenses As A Key Term?

By Keith Mullen on Posted in Tough Times for Lenders, Training, Workout Issues

Yesterday, I did a day trip to Los Angeles with Brian Morris, Greg Erwin & John Nolan.  A life insurance company asked us to meet and discuss issues surrounding distressed commercial real estate loans. It was a reprise of the presentation made by Brian & John at the UT Law School Mortgage Lending Institute.  (For… Continue Reading

Green Building As Collateral: More Tips & Suggestions on avoiding a blood-bath after foreclosure (or a note purchase)

By Keith Mullen on Posted in Insurance & Environmental Risks, Technology (including Green Buildings), Tough Times for Lenders, Workout Issues

  If you collateral is a green building, then a litany of unique issues and approaches come into play. Recently I discussed this topic with Bill Weinberg – my green building expert. Here are a few "high level" issues offered up by Bill to get our attention (prior blog) – What is nature of the collateral?… Continue Reading

Negotiation Agreements: ‘What” Can They Cover? (3rd in a series)

By Keith Mullen on Posted in Tough Times for Lenders, Training, Workout Issues

Negotiation agreements or discussion agreements are a fundamental building block, or (for some lenders) the starting line, for dealing with distressed debt and investments.  Typically, when a loan is in imminent default or actually in default, a workout, restructure or settlement of a loan will not get off the ground until this agreement is signed… Continue Reading