Key Issues in Commercial Lease Negotiations

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.

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.

Real Estate has historically been a very stable and largely predictable sector that has benefited from the extraordinary economic growth that has taken place globally. However, this is about to change as the way we live, shop and work is evolving, new economies are emerging and new technologies are disrupting the status quo. We have proven concepts underpinning our decision-making when dealing with issues such as how we evaluate our assets and how we decide where to allocate our capital, but these are often siloed and take a long time to refine. We are having to make decisions in shorter timescales taking more and more variables into account in order to stay relevant and ahead of our competitors.

Property has long been one of the most favourable options for investors. As an asset class, it has performed well over the long-term. As an investment proposition, its premise remains relatively straightforward to understand. Historically popular and increasingly versatile, property affords investors with the ability to tailor investments to their specific financial ambitions - and that’s particularly the case today, especially with the various technology platforms available.