The Basics of Representing a Commercial Mortgage Borrower

Originally held on Tuesday, August 6, 2019 | 6:00 p.m. – 9:00 p.m.

 

Purchase OnDemand

 

Program Co-Chairs:
Matthew C. Cahill Vice President Corporate Underwriting Counsel First American Title Insurance CompanyMark Frimmel Michelman & Robinson LLP

• Description
• Faculty
• Agenda
• CLE Credit
• Sponsors

• The program will provide attorneys with the basic knowledge and skills to represent a client who is the borrower in a commercial loan transaction. Starting with the loan commitment and ending with the closing, topics will include borrower’s organization documents, special purpose entities, title reports, title policies and endorsements, surveys, assignments of mortgages, review and negotiation of loan documents, estoppel certificates, subordination and non-disturbance agreements, opinion letters and post-closing obligations. The segment on review and negotiation of loan documents will feature comments from a borrower’s perspective and the responses from lender’s counsel.

  OnDemand: $179 for Members | $279 for Nonmembers

  Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2017-2019), In-House/Corporate Counsel, Judges (and their staff who are also members), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

• Harlan T. Greenman
  Greenspoon Marder LLP

  Eugene J. Martin
  Sankel, Skurman & McCartin, LLP

  Sharon V. Skolnik
  Stempel Bennett Claman & Hochberg, P.C.

  Cameron B. Weil
  Vice President & Assistant General Counsel
  Cantor Fitzgerald

• 6:00 pm – 6:05 pm	Introduction & Differences between a Term Sheet & Commitment Letter
  6:05 pm – 6:20 pm	Borrower Organization Documents Organizational Structures and Charts Entity Types and Organizational Documents: Corporation Limited Liability Company Limited Partnership Unusual Entities Secretary Certificate Special Purpose Entities/Special Purpose Vehicles
  6:20 pm – 6:45 pm	Opinion Letters of Counsel What and why is an opinion letter? Due formation and existence Enforceability and governing law Credit Documents Mortgage Documents Other Security Documents Creation Perfection Additional opinions
  6:45 pm – 7:15 pm	Title Report, Searches & Surveys
  7:15 pm -7:20 pm	Break
  7:20 pm – 7:30 pm	Mortgage Assignments, Mortgage Recording Tax, Section 255 & 275 Affidavits Ordering title Reading and Understanding the title report Tax, lien, judgment, departmental/municipal, bankruptcy, litigation, UCC and patriot searches ECBs, violations and clearing exceptions Types of surveys Pro forma policies, policies, common endorsements, ALTA 9 Endorsement and affirmative insurance
  7:30 pm – 7:40 pm	Leases, Estoppel Certificates, Subordination Agreements & Subordination Non-Disturbance Agreements
  7:40 pm – 8:40 pm	Review & negotiation of Loan Documents & Commitment Letters Closing Checklist Due Diligence items – Survey, Zoning and Zoning Reports, Phase I Environmental Reports, Appraisals and Financials Note Mortgage Assignment of Leases and Rents UCC Financing Statement Guarantees Environmental Indemnity ADA Indemnity Related Loan Documents
  8:40 pm – 9:00 pm	Preparation & Closing Wire Fraud Sit down or through the mail Pdfs, wet ink and DocuSign signatures Post-closing obligations Questions

• CLE Credit
  New York: 3.5 skills
  New Jersey: 3.5 general
  California: 2.5 general
  Pennsylvania: 2.5 general

  Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.

• Sponsoring Association Committee:
  Real Property | Jason T. Polevoy, Chair

  Sponsorship Opportunities are Available! Please Contact:
  Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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Purchase OnDemand

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