How Do Realtors Benefit from Understanding and Using Real Estate IRAs?

Mezzanine loans have become the preferred vehicle for subordinate financing in real estate transactions. The repayment obligation is typically secured by a perfected UCC security interest in the mortgage borrower's equity interests. Counsel should have a thorough understanding of how the foreclosure remedy is exercised under Article 9 and the mezzanine foreclosure ramifications for the mortgage borrower, mortgage lender, and other parties to the transaction. Before commencing foreclosure, the mezzanine lender must review all relevant transaction documents, including UCC insurance policies. If the debtor "opted into" Article 8, the lender must locate the certificate. Counsel must understand the mortgage lender's rights and the rights of any senior mezzanine lenders, ground lessors, or other parties with interest in the underlying property. An intercreditor agreement will likely provide the most significant input into the timing and nature of remedies vis a vis other lenders. Article 9 provides that a public sale must be conducted in a "commercially reasonable" manner, with advance notice to all relevant parties under Sections 9-611 and 9-612. The public must have a "meaningful opportunity" for competitive bidding, requiring some form of advertisement or public notice preceding the sale. The location and manner of the sale should be appropriate to allow for public access to the disposition. Recent New York case law indicates that "commercially reasonable" may entail more stringent standards in light of foreclosure moratoriums and the continuing impacts of the pandemic on real estate properties. The mortgage may limit the transfer of ownership interests in the mortgage borrower to a "qualified transferee," generally defined as either the mezzanine lender itself or an institutional investor meeting specific requirements. This significantly restricts the potential universe of purchasers at a foreclosure sale, and the process of "qualifying" the winning bidder may inject uncertainty surrounding the ability of a buyer to close.

To mandate or not to mandate? As seniors housing operators grapple with staffing shortages while prioritizing resident and staff safety, varying strategies have emerged around the national push for COVID vaccinations. How are operators rolling out their COVID protocols as we head into the home stretch of 2021 and the winter flu season? And how are non-staff — including visiting family members and on-site service providers who support operators — being guided?

Counsel involved in the sale, purchase, or financing of commercial real estate must understand the critical role of title insurance in insuring against risks. Counsel can evaluate coverage and endorsements that provide the optimal protection for clients. Practitioners must understand the intricate details of title insurance policies and current coverage trends, including all recent ALTA endorsements, to effectively advise property owners, investors, lenders, and developers. And parties must address survey issues with the title company (and purchasers and lenders) and know which survey or other endorsements can resolve survey matters. Listen as our authoritative panel discusses current trends in title insurance coverage and strategies for negotiating coverage and endorsements that will help avoid coverage gaps.

Real estate investors do not think like home buyers. They have unique needs, and the savvy Realtor can build a powerful, loyal niche business by understanding and exceeding those needs, and offering value added services. This course will cover the types of residential real estate investors, how to attract and maintain investor business, how to assist in long-range planning, and create a client relationship for life.