Lexis Nexis A Guide to Troubled Commercial Real Estate Loans for Lenders and Borrowers, 2010 Edition
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Product description
Look ahead. Prepare. Be ready to handle the complex issues relating to troubled commercial real estate loans before they arise.
See a video of Joshua Stein discussing this publication
A GUIDE TO TROUBLED COMMERCIAL REAL ESTATE LOANS FOR LENDERS AND BORROWERS provides a roadmap to the complex process of dealing with commercial real estate loans facing distress or default. Written by Joshua Stein, one of the foremost practitioners of commercial mortgage law in the country, it is full of expert strategy, practical tips, and warnings for lenders, borrowers, and their counsel. Use this guide to look ahead and prepare for events and issues relating to troubled loans before it is too late.
Learn about
• the perils of email
• what questions to ask
• due diligence, from the lender's and the borrowers points of view
• lender's first dozen steps to "prepare for battle"
• lender liability
• preworkout and standstill agreements
• negotiating brief extensions
• common workout structures
• concessions to lender: deal terms
• concessions to lender: security package
• structuring today's workout with an eye on tomorrow's distress
• resolving the loan (ending the borrower-lender relationship)
• lender rights and remedies
• bankruptcy
• transfer of loan
And Get
• Basic Borrower/Lender Start-Up Checklist
• More Questions Lender's Counsel Might Ask
• Sample Pre-Workout Letter Agreement, with author's comments and optional provisions
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Table of contents
Why This Guide Now?
Scope of This Guide
1. Ground Rule: Beware What You Write in Case You Must Fight (Think About Email)
2. Lender's Overall Strategy; Some Preliminary Questions to Answer
3. Borrower's Overall Strategy; Some Preliminary Questions to Answer
4. Multiple Lenders
5. Lender's Due Diligence About the Property
6. Lender's Due Diligence About Loan and Borrower
7. Borrower's View of Lender's Due Diligence
8. Preparing for Battle: Lender's First Dozen Steps
9. Lender Liability
10. Preworkout and Standstill Agreements
11. Negotiated Brief Extension
12. Common Workout Structures
13. Concessions to Lender: Deal Terms
14. Concessions to Lender: Security Package
15. Planning Ahead for the Next Default
16. Resolving the Loan (Ending the Borrower-Lender Relationship)
17. Lender Rights and Remedies
18. Bankruptcy
19. You Bought It; Now You Own It
20. Transfer of Loan
21. Basic Borrower/Lender Start-Up Checklist
22. More Questions Lender's Counsel Might Ask
