Investing in Property - Measuring Returns recorded webinar

Does 100+ transactions a year sound unachievable to you? It shouldn’t… And no matter the market conditions you can achieve success. But it doesn’t come down to simply telling yourself you’re a great agent or schlepping even more clients around all weekend. Krista Mashore joins Dale Warner to show YOU how she uses hard work, boundless energy, established business processes, and systematized workflows from her CRM to propel her through any difficult market condition.

In this Morningstar Institutional Equity Series webinar, our speakers explain the increased usage and prevalence of ESG, its benefits in the current market landscape and the value it will add to PitchBook public company profiles. Key takeaways Companies with greater ESG risk are less likely to receive wide economic moats, while also being prone to greater uncertainty ratings At present, our most overvalued companies—1-star stocks—carry considerably lower total ESG risk versus other star-rating cohorts, suggesting investors may be paying a high price to own firms with positive ESG credentials We view the greatest ESG risk in the energy and utilities sectors, and the lowest in technology and real estate

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.

Standard design and construction contracts set the playbook for project success or failure. Case law, technology, and insurance have changed dramatically over the past 10 years. ConsensusDocs, a coalition of 40 leading construction organizations that include leading organizations like AGC, ABC, and COAA, published comprehensive updates to its most used prime and subcontract agreement. Changes to ConsensusDocs address payment, insurance (builder's risk policy), terminations, indemnification, mediation, and arbitration, attorney's fees, and much more. You will learn from the lead staff person, the highlights of the most significant changes and strategize how you can leverage in contract negotiations in using the new editions of ConsensusDocs standard documents for design-bid-build, design-build and CM At-Risk.