Real Estate Loan Workouts: Tax Opportunities and Risks

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.

Opportunity Zones offer great promise for new investment in low-income areas and affordable rental housing in those areas. Regulations and guidance continue to evolve. This topic will take a deep dive into Opportunity Zones, explaining the current guidance and exploring potential issues in structuring transactions with a focus on affordable housing. Panelists will discuss potential benefits and the challenges to structuring transactions. This information is a great fit for anyone looking to get a better handle on Opportunity Zones and explore their benefits and limitations.

Oftentimes insufficient time is factored in for project design and technical review and obtaining required government approvals. Developers may also not fully appreciate the challenges that will be faced in funding the development, structuring the condominium regime and negotiating with associations and surrounding property owners to address title, easement and cost-sharing agreements. Additionally, operational issues associated with an urban condominium development, such as parking, transportation, use restrictions, public space enjoyment, integration of different types of users and ongoing cooperation with governmental agencies, can present ongoing challenges.

Traditionally, the majority of housing affordable to many families has come through “filtering” – as apartment homes grow older, they gradually become part of the “naturally occurring affordable housing.” Following the Great Recession and Global Financial Crisis, this process reversed as value-add investors rehabbed apartments into higher rent classes to make up for the lack of new construction.