History of Housing: Repairing the Effects of Redlining

As construction projects become more complex, risk increases for owners, contractors, engineers and architects. The ultimate risks lie in the delivery method, contract and project execution and administration. Owners and contractors still struggle with the best project delivery method and contract. This topic will help stakeholders understand whether CMAR or another method is best for their project. This material explains how CMAR can control and improve cost and schedule as well as allocate and reduce risks; it will also discuss how to avoid potential pitfalls along the way.

Mezzanine financing allows borrowers to obtain financing in addition to a mortgage loan, but mezzanine loans add complexity, with additional documents, legal opinions, and third-party reports. Mezzanine lenders require separate consent rights for various actions by the borrower, and restructuring a nonperforming loan is especially problematic given the diverging interests of the mezzanine and mortgage lenders. Since the mezzanine lender's security interest is in the borrowing entity rather than the property, it must conduct entity-level diligence, including analyzing potential claims and agreements entered into by the property owner. Existing contracts and licenses might contain restrictions on transfer--the pledge securing the mezzanine loan or any foreclosure of the pledge could violate such limits. The mezzanine loan agreement should track the mortgage loan agreement, with mortgage loan representations recast to refer to the mezzanine borrower and the mortgage borrower. The mezzanine borrower and the mortgage borrower should be required to comply with entity-level covenants and property-related covenants. The mezzanine borrower's obligations are secured by a UCC pledge of equity interests in the property owner. The pledge can be perfected under Article 8 of the UCC. The mezzanine borrower's ownership interest in the mortgage borrower must be certificated so the mezzanine lender can take physical possession of the membership certificates. The operating agreement should also include Article 8 opting-in language. Listen as our authoritative panel discusses the nuances of mezzanine financing.

What are your thoughts on growing your team? Feelings of uncertainty will always be there. But that didn’t stop Kendyl Young! Kendyl joined Dale Warner in June of last year and we’re pleased to share this wisdom with you. She is a real estate agent, a broker, and Realvolve’s Director of Excitement who goes back in time to the place where she realized that it was time to bring on her first assistant.

Go on a virtual product tour with Mollie Carmichael. Learn about the latest home designs that consumers are clamoring for. Watch this webinar replay to see what innovative and creative products are available to you.