Breakout of Traditional Real Estate Investing with Options

While federal law largely shields lenders from environmental liabilities and cleanup costs on indebted properties, lender missteps and poor loan documentation can result in a loss of that protection and put lenders on the hook for environmental remediation. Environmental hazards can also negatively impact a borrower's ability to repay the loan and decrease the collateral value, which is why it is essential to uncover the hazards before the closing of the loan and formulate a plan, whether a Phase I environmental site assessment or some lesser action. A critical protection for the lender is an indemnification agreement with the borrower as part of the loan documentation. Other key loan agreement provisions include reps and warranties, covenants, notice provisions, and inspection rights. Another option for the lender is to require the borrower to obtain insurance, usually in a pollution policy. Lender environmental due diligence at the time of a loan default or workout is also critical as environmental hazards must be considered when assessing the collateral value and a workout plan. Of course, if foreclosure appears imminent, the lender liability must be carefully evaluated as the lender prepares to take possession of the property. Listen as our authoritative panel of experienced attorneys analyzes lender liability for environmental cleanup and remediation liabilities. The panel will discuss theories of liability and best practices for lenders to minimize direct liability and diminution of the collateral value. The panel will address risk mitigation in loan origination and during the life of the loan, including workouts and foreclosures.

Join CEPTES and Salesforce experts to hear how leading property developers stand out in competitive markets and go from the first online viewing to handing over the keys in record time by delivering outstanding customer experiences. Key Takeaways What is the cost (Onboarding + Operational) How to automate end to end real-estate operations How to ensure zero lead leakage with accelerated sales productivity Best ways to optimize processes in order to save time & cost Efficiently manage the entire channel partner ecosystem How to assess metrics with AI & Analytics

ENotes and other electronic loan documentation are now routine in residential mortgage lending and have gained more acceptance in commercial real estate lending. The industry is gradually moving toward the digital transformation of the mortgage lifecycle: application, closing, documentation, notarization, recording, and securitization. ESIGN and UETA establish the legality of electronic records and signatures. MERS provides a platform for filing and tracking transfers of "control" of real estate notes from one party to another. However, electronic documents must comply with the UCC and recording statutes (which might require a paper original of the mortgage) and other applicable state laws. If litigation ensues surrounding electronic loan documents, counsel must understand and address enforceability, authentication, and admissibility issues of electronic communications and e-signatures. Listen as our authoritative panel discusses the use of eNotes and electronic loan documentation in commercial and residential mortgage lending. The program will also examine legal and practical issues regarding transferability, UCC perfection, the authentication of electronic signatures, and the admissibility of electronic communications and e-signatures in litigation.

In today’s commercial real estate landscape, most markets are highly saturated and developers are attempting to “out-amenitize,” “out-incentivize” and “out-build” the building next door. Commercial real estate is highly commoditized, but it doesn’t need to be especially for those armed with the right insights.