Inflation and Rising Interest Rates – Doom or Boom for the Seniors Housing Industry?

This webinar will explain the federal rules regarding real estate loan collection and foreclosure, and situations when small lenders and servicers are exempt from these rules. It also will address foreclosure alternatives, such as restructurings, short sales, and deeds in lieu of foreclosure. Practical tips for ensuring compliance with these complex mortgage collection rules will be provided.

Commercial leases often require tenants in a multi-tenant development (such as a shopping center or office building) to pay CAM charges in addition to monthly rent. These lease provisions often are misunderstood or taken for granted by landlords and tenants and, as a result, are frequently violated, knowingly or otherwise. Sophisticated tenants require CAM charges to be "actually paid or incurred" or "expended" by the landlord to be reimbursable, and they are careful to prohibit landlords from passing their overhead on as disguised CAM charges. To guard against this practice, tenants should negotiate (and then review) their leases carefully, require landlords to deliver "reasonably detailed statements" of CAM charges as often as the lease requires, and should scrutinize those statements to ensure that all charges are allowed by the lease. CAM charges often include property management fees. In addition, most leases permit the landlord to estimate CAM charges and force tenants to pay their share of those estimates monthly. Generally, they require the landlord to reconcile or justify the actual CAM charges to its tenant after the end of each year. Commercial landlords that also manage the project themselves often charge tenants, in addition to CAM expenses incurred, an arbitrary, "industry standard" percentage of the rent as "a property management fee," even though the lease does not expressly provide for that, and no third-party management fees are paid or incurred by the landlord. When the CAM charges are based on actual costs, a tenant might want to negotiate a cap on how much they will be required to pay for their share of common area maintenance. Putting a cap on CAM charges helps protect the tenant from their lease expenses increasing outside of their budget or sudden surprises at the beginning of the year. In turn, this adds some risk to the landlord to cover additional expenses themselves. With fixed CAM charges, property owners set a flat fee for common area maintenance and usually add small annual increases to that fee to cover the cost of inflation. Tenants may still want to review the property expenses to ensure their CAM charges aren't significantly higher than they should be. Fixed CAM charges can either apply to property taxes, insurance, and actual maintenance costs or only to maintenance costs while leaving the property taxes and insurance adjustable. Listen as our authoritative panel discusses the best practices in negotiating CAM provisions, what types of provisions to include, and when to choose between a capped or fixed cost CAM provision.

Webcast that will discuss how IWMS technology (Integrated Workplace Management Solution) is critical to proactively managing your facilities and real estate portfolio. Having proactive data-driven insights allows continual optimization of your facility operations to maximize the utilization of your existing space and proactively manage growth and change.

This topic will explain how to preempt various issues during the negotiation and drafting phases, with an eye toward securing an optimal contract for one's client. It will also address the types of issues that surface as the transaction unfolds, whether during the due diligence phase or even at settlement, offering practical solutions and practice tips. Finally, it will cover litigation topics and cost-benefit strategies to assist you with delivering the most value-added legal services to your clients.