Learn how to advise clients who are in default or underwater on their commercial real estate loans or who have guaranteed a troubled loan. Get an overview of the real estate workout process and an understanding of the legal and practical issues arising from a distressed real property loan.

Find out:

• How California's anti-deficiency laws dictate strategy
• How to enjoin a foreclosure, both temporarily and permanently
• Whether a deed in lieu of foreclosure is a preferable option
• Tactics and strategies for borrowers in proposing your workout package to lenders
• How to take advantage of the recent joint policy statement on prudent commercial real estate ("CRE") loan workouts issued by the federal regulators
• When to consider a strategic default and what the consequences may be

Program Highlights

• Foreclosure: practical and legal concerns
  • lender liability and antideficiency issues
  • judicial and trustee sale foreclosure procedures
  • rights and obligations of guarantors, receivers, and tenants
  • federal and state tax issues
• Workouts: restructuring alternatives
  • breaking the negotiation ice
  • pre-negotiation agreements
  • forbearance agreements, commitments and workouts
  • preserving the borrower's options
  • deeds in lieu
• Strategic defaults: do they make sense?
  • recourse vs. nonrecourse debt
  • what are the consequences
  • federal and state tax issues

Assumes some familiarity with real property financing, but not experience in handling foreclosures or workouts.