Structuring Commercial Real Estate Workouts

Structuring Commercial Real Estate Workouts

Author: W. Wade Berryhill

Publisher: Wolters Kluwer

Published: 1999-12-01

Total Pages: 1489

ISBN-13: 0735511217

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Structuring Commercial Real Estate Workouts: Alternatives to Bankruptcy and Foreclosure, Second Edition presents a concise introduction to the legal and business considerations involved in real estate loan workouts. It is designed to aid lenders, borrowers and their legal counsel in confronting the variety of issues encountered in working out an acceptable solution to the dilemma posed by a loan in default. The parties associated with a defaulting loan face a number of potential pitfalls, ranging from imminent insolvency of the borrower (and the diminution in value or loss of a lender's security interest) to draconian penalties incurred through liability for environmental hazards present on the property. Structuring Commercial Real Estate Workouts introduces the varied issues, discusses the limitations and advantages of foreclosure and other remedies, and presents suggestions for guiding potential alternative courses of action. The Second Edition features extensive coverage of environmental liabilities that may arise under federal statutes and regulations such as RCRA and CERCLA and how lenders can avoid or minimize these liabilities. A new chapter has been added on the state mini-RCRAs and CERCLAs, necessitated by the growing importance of state environmental laws to real estate financing. A detailed discussion is presented on the laws and programs that have been developed to minimize lender liability at andquot;brownfieldsandquot; sites in urban areas. Excellent coverage is provided for such key areas as prepackaged plans, single asset real estate cases, cash collateral and adequate protection, deeds in lieu of foreclosure and dealing with guarantors and other sureties.


Working at Workouts

Working at Workouts

Author: Craig Furfine

Publisher:

Published: 2017

Total Pages: 4

ISBN-13:

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In 2010 Drive Property Solutions, a special servicing firm in Chicago, had partnered with Spiner Capital to win an FDIC auction of distressed debt. Included in that auction was the defaulted mortgage note on Northwinds Community Crossing, a retail strip mall in suburban Savannah, Georgia, which had been in default since November 2009. Sam Schey, an asset manager at Drive, needed to decide how to maximize recoveries from the nonperforming loan.


Loan Workouts and Debt for Equity Swaps

Loan Workouts and Debt for Equity Swaps

Author: Subhrendu Chatterji

Publisher: John Wiley & Sons

Published: 2002-07-12

Total Pages: 334

ISBN-13: 0470845449

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The key to a successful loan workout is to identify the problems accurately and address them early. It is critical that the company's underlying business and financial problems are resolved and not merely the symptoms. Loan Workouts and Debt for Equity Swaps examines how a successful loan workout can be managed. It detail the processes and participants involved, whilst providing frameworks and practical step- by-step approaches that allow for a coherent and cohesive policy to give the best possible chance of success. The book assists in the ultimate aim of providing a firm base for the future health of the company involved and maximizing the lenders' returns. This work is not merely restricted to companies and banks involved in the process, but other important participants in loan workouts. Areas featured in the book are: * What loan workouts are and why they are needed * Non-performing loans related strategies, organization and systems * Participants involved in loan workouts and their motivations * Symptoms of corporate distress and corporate turnaround strategies * Major steps involved in a typical loan workout transaction * Special issues relating to debt for equity swap transactions * A case study illustrating many of the issues covered in the book


Optimising Distressed Loan Books

Optimising Distressed Loan Books

Author: John Michael Sheehan

Publisher: Harriman House

Published: 2011

Total Pages: 0

ISBN-13: 9780857191298

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The fundamental question posed by this book is why banks fail to maximize distressed loan collections where the distressed debt investor succeeds. The answer to this question is found in examination of the "Bank Arb. Trade"--the ability of sophisticated investors to uncover value, or arbitrage, in bank loan portfolios that the banks themselves simply miss or cannot realize.