Opportunity Zones: The What, Why, & How for CRE Professionals

In this 60 minute on-demand webinar you will learn: - The importance of setting SMART property investing goals - An explanation of the different property investing strategies, and how to decide which is best for you - How to understand the property acquisition process - Who should you seek help from - how build a team of experts. - How to start your research and target suburbs and properties that meet your buying criteria - Already own property? Expert tips on how to optimise your portfolio and boost cash flow

Housing issues are one of the topics that concern a great number of people across the country, and one of most often talked about issues within state governments across the country. The Uniform Law Commission is an organization that provides states with non-partisan, well-drafted model legislation meant to bring clarity and stability to critical areas of state statutory law. URLTA focuses on the rights and duties of residential landlords and tenants. This material will discuss the National Conference of Commissioners on Uniform State Laws, the history of the Act, and recent changes to the Act, as well as cover what states have adopted the act.

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.

From single-family homes to condominiums and townhouses, project developments by necessity require lengthy and complicated homeowners association (HOA) documents. For developers and project owners, these founding agreements are critical for the success and profitability of these projects. Tailored and well-drafted HOA documents govern specific property uses, define the services the HOA will provide, and address how property owners will jointly govern the association. HOA documents are also rife with points of potential dispute--from fees to management and control issues. Careful planning and drafting of these documents are essential to successfully exiting the project and avoiding later liability. HOA documents can address pandemic issues and perhaps the relaxation of some restrictions to address unforeseen hardships such as deferrals of assessments due to COVID-related layoffs. HOA litigation often results from poorly drafted HOA agreements, insufficient due diligence, or an incomplete negotiation that failed to consider all pre-and post-transition contingencies. Counsel for developers and project owners can drastically reduce the risk of client exposure and costly litigation by taking the time to ensure the initial document is unambiguous and complete. Our panel will guide counsel to developers and project owners in structuring and drafting the essential financial, governance, control, and liability provisions of HOA agreements. The panel will provide practical insights into strategies for preserving value for property owners while ensuring that developers can successfully exit the project and avoid subsequent liabilities. Listen as our experienced panel of real estate attorneys provides practical guidance on structuring and drafting the essential financial, governance, control, and liability provisions of HOA agreements. The panel will offer insights and strategies for preserving property values while ensuring developers can smoothly exit the project, avoid ongoing liabilities, and maximize project profitability.