REALPAC/IPD CANADA QUARTERLY GREEN PROPERTY INDEX, Q1

Data is the lifeblood of today’s commercial real estate industry. Everyone recognizes the value of data, yet business intelligence tools are notoriously complex to implement, difficult to maintain, and slow to prove themselves. So, how can CRE firms effectively leverage data to assess trends, analyze portfolios, maximize returns and minimize risk?

Our discussion will highlight: - National and local area construction and absorption trends - Labor market observations - NIC/NREI Investor Sentiment Survey results - Transactions volume, pricing and cap rate trends - Comparative commercial real estate investment performance returns - Current trends and near-term outlook for seniors housing market fundamentals

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.

The importance of drafting CC&Rs in mixed-use projects cannot be overstated. CC&Rs create complex contractual rights and obligations and property rights and obligations that impact the owners' ability to use, sell, and finance the property. A significant component of CC&Rs is creating easements that impact daily business operations and other users of the property subject to the document. Properly drafted easements will address critical business issues such as access, construction, shared parking, signage, and maintenance. Counsel must avoid pitfalls and conflicts to minimize owner disputes and operational problems when drafting or amending CC&Rs. Using boilerplate language is ineffective at best and, at worst, is a risky means of dealing with the specific needs and demands of a developer or business owner. Listen as our authoritative panel provides practitioners with a clear understanding of how to draft effective CC&Rs for mixed-use projects, avoid common pitfalls, and amend existing documents.